Mississippi Administrative Code

A. Definition and Purpose Supplemental Services are services in addition to the Information and Assistance, Counseling/Support Groups, Respite and Adult Day Care Services that might be necessary for meeting the needs of the caregiver. These services are provided on a limited basi…

A. Overview This document includes administrative code for MAC Centers, and does not apply to the MAC network as a whole. Rules are filed to ensure compliance by MAC Centers to standards set forth herein by the Mississippi Department of Human Services. As part of Medicaid's (CMS)…

A. Target Population MAC Centers shall make their full range of supports available to people looking for information concerning long-term services and supports, regardless of financial means. This may include, but is not limited to: 1. Elderly (aged 60 and older) 2. People with i…

A. Qualified Operating Organizations Qualified operating organizations must maintain the minimum administrative requirements below: 1. Must be willing to divest themselves of Medicaid Waiver services with the exception of Case Management. 2. Must be financially capable of and wil…

The Mississippi Department of Human Services reserves the right to change, modify, or revise all requirements and services cited in this document at its discretion. Associated parties will be made aware of any alteration made. This procedure manual is designed to maintain efficie…

These rules are promulgated pursuant to the Mississippi code of Administrative Procedures Law contained in the Mississippi Code of 1972 as amended. Notes 18 Miss. Code. R. 201-1.1 Miss. Code Ann. § 25-43-2.104.

1. Executive Committee meetings and standing committee meetings may be held on the day of the regular Commission meeting or called by the Commission Chair and/or the Executive Committee. Committee members shall be notified in a timely manner by mail, phone, fax, or email. Public …

1. Commissioners shall be eligible for the state approved per diem for attending regular Commission meetings, called meetings, and committee meetings. Any other meeting or activity which may qualify for per diem must be authorized by the Commission, the Executive Committee or the…

All legislated monies must be dispersed within the guidelines of the approved Commission budget and administered according to the state accounting procedures. Non-legislative monies will be appropriated and dispersed according to the will of the Commission with the state guidelin…

Guest presentations to the Commission will be limited to ten minutes or less at the discretion of the Chair or a sitting majority of the membership. Guests shall address the Commission at the conclusion of the regular Commission business, unless otherwise desired by the Commissio…

The business of the Commission, not covered by the policies and procedures of the Commission, will be conducted using the most current edition of Robert's Rules of Order as a guide. 1. Any individual seeking to inspect, copy, mechanically reproduce, or obtain a reproduction of an…

Commissioners and committee members of the Commission shall be immune from civil suit for any conduct arising out of the performance of their official duties. Notes 18 Miss. Code. R. 201-1.15 Miss. Code Ann. § 11-46-1, et. seq.

The Board shall consist of thirteen (13) members to be appointed with the advice and consent of the Senate. Four (4) members shall be appointed by the Governor, including a current or former food stamps recipient and a single parent. Three (3) members shall be appointed by the Li…

1. Officers of the Commission shall be Chair, Vice-Chair, Secretary/Treasurer. Officers may serve consecutive terms in the same office if elected. Duties of the Officers shall include serving on the Executive Committee and running the day-to-day operations of the Commission. 2. T…

The Executive Committee will be made up of Officers of the Commission. The Commission Chair will serve as Chair of the Executive Committee. The Executive Committee will meet at least quarterly, usually in conjunction with the quarterly Commission meeting. The Executive Committee …

The Chair is the official representative for the Commission. The Vice-Chair or other officer may officially represent the Commission at the discretion of the Chair or by consensus of the Executive Committee. Any Commissioner may be authorized by the Chair or the Executive Committ…

The Attorney's Office shall be the legal liaison to the Commission and shall provide legal counsel. The Chair will submit requests for legal opinions in writing. Notes 18 Miss. Code. R. 201-1.6 Miss. Code Ann. § 43-59-5(e).

The Commission will hold four (4) quarterly meetings annually. The meetings will begin at 1:30 p.m. or as soon as thereafter as practicable. The Commission may vote at any time to change the date, time or location of the meeting. The Chair or Executive Committee may poll members …

The Commission, the Executive Committee or the Chair may schedule a special meeting called to discuss a specific item or items of business. All Commission members must be notified by mail, phone, fax or email. The date, time and location of any called meeting will be posted at a …

A quorum must be present in order to take formal action on any item. A printed agenda will be prepared by the Executive Committee. Commissioners may request that topics be included on the agenda. Any additions to the agenda must be approved by a majority of the members present. F…

Rule is promulgated pursuant to Miss. Code Ann. § 25-43-3.104(2)(d) of the Administrative Procedures Law, applies to all oral proceedings held for the purpose of providing the public with an opportunity to make oral presentations on proposed new rules and amendments before the Co…

The Commission will conduct an oral proceeding on a proposed rule or amendment if requested by a political subdivision, an agency or ten (10) persons, in writing within twenty (20) days after the filing of the notice of the proposed rule. Notes 18 Miss. Code. R. 201-2.2 Miss. Cod…

Each request must be printed, typewritten or legible in handwriting. Each request must be submitted on standard business letter-sized paper (8 1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Commission and signed by the requestor(s). Notes 18 Mi…

The date, time and place of all oral proceedings shall be filed with the Secretary of State's office and mailed to each requestor. The oral proceedings will be scheduled no earlier than twenty (20) days from the filing of this information with the Secretary of State. Notes 18 Mis…

The Chair or the Chair's designee who is familiar with the substance of the proposed rule shall preside at the oral proceeding on a proposed rule. Notes 18 Miss. Code. R. 201-2.5 Miss Code Ann. § 25-43-3.104(2)(c).

1. At an oral proceeding on a proposed rule, persons may make oral statements, documentary and physical submissions which may include data, views, comments or arguments concerning the proposed rule. 2. Persons wishing to make oral presentations at such a proceeding shall notify t…

1. Presiding officer. The presiding officer shall have authority to conduct the proceeding in his or her discretion for orderly conduct. The presiding officer shall (I) call proceeding to order; (II) give a brief synopsis of the proposed rule, a statement of the statutory authori…

Chapter 3 is promulgated pursuant to Miss. Code Ann. Miss. § 25-43-2.103(2) of the Administrative Procedure Law and is intended to set forth the Commission's rules governing the form and content of requests for declaratory opinions and the Commission's procedures regarding the re…

A declaratory opinion shall not become final until the expiration of sixty (60) days after the issuance of the opinion. Prior to the expiration of the sixty (60) days, the Commission may, in its discretion, withdraw or amend the declaratory opinion for any reason which is not arb…

The Commission may give notice to any person, agency or entity that a declaratory opinion has been requested and may receive and consider data, facts arguments and opinions from other persons, agencies or other entities other than the requestor. Notes 18 Miss. Code. R. 201-3.11 M…

Declaratory opinions and requests for declaratory opinions shall be available for public inspection and copying in accordance with the Public Records Act and the Commission's public records request procedure. All declaratory opinions and requests shall be indexed by name and subj…

The Commission will not pursue any civil, criminal or administrative action against a person who is issued a declaratory opinion from the Commission and who, in good faith, follows the direction of the opinion and acts in accordance therewith unless a court of competent jurisdict…

Any person with a substantial interest in the subject matter may request a declaratory opinion from the Commission by following the specified procedures. "Substantial interest in the subject matter" means: as individual, business, group or other entity that is directly affected b…

The Commission will issue declaratory opinions regarding the applicability to specified facts of: (1) a statue administered or enforceable by the Commission or (2) a rule promulgated by the Commission. The Commission will not issue a declaratory opinion regarding a statue or rule…

The Commission may for good cause, refuse to issue a declaratory opinion. The circumstances in which declaratory opinions will not be issued include, but are not necessarily limited to the following: 1. There is a lack of clarity concerning the question presented. 2. There is pen…

Each request must be printed, typewritten or in legible handwriting. Each request must be submitted on standard business letter-sized paper (8 1/2 inches by 11 inches). Requests may be in the form of a letter addressed to the Commission. Notes 18 Miss. Code. R. 201-3.5 Miss. Code…

All requests must be mailed or delivered to: The Mississippi Commission on the Status of Women Post Office Box 1997 Ridgeland, Mississippi 39158-1997 ATTN: DECLARATORY OPINION REQUEST The request shall clearly state that it is a request for a declaratory opinion. No oral, telepho…

Each request must include the full name, telephone number and mailing address of the requestor. All requests shall be signed by the person filing the request, who shall attest that the request complies with the compliments with the requirements set forth in these rules, including…

Each request shall contain the following: 1. A clear and concise statement of all facts on which the opinion is requested; 2. A citation to the statue or rule at issue; 3. The question(s) sought to be answered in the opinion, stated clearly; 4. A suggested proposed opinion from t…

Within forty-five (45) days after the receipt of a request for declaratory opinion which complies with the requirements of these rules, the Commission shall, in writing: 1. Issue a declaratory opinion regarding the specified statue or rule as applied to the specified circumstance…

A. The purpose of this policy is to establish the procedures the Mississippi Department of Human Services (MDHS) will follow in order to provide full access to public records. These rules provide information to persons wishing to request access to public records of MDHS and estab…

A. Petition for internal administrative review of denial of access. Any person who objects to the initial denial or partial denial of a records request may petition in writing (including e-mail) to the Public Records Officer for a review of that decision. The petition should incl…

Frequently requested information, including many standard records are available free of charge on the MDHS website at http://www.mdhs.ms.gov/. In addition, information on the state budget, expenditures, travel, contracts, leases, workforce and grants is available free of charge a…

Form MDHS ADM-1000, Public Records Request Form, is the prescribed form for making requests in conjunction with this policy. The form may be found on the MDHS website at https://www.mdhs.ms.gov/public-records-request/. Notes 18 Miss. Code. R. 22-1.12 Miss Code Ann. § 43-1-5(1) Re…

A. The Mississippi Department of Human Services (MDHS) is dedicated to offering Mississippians young and old tangible help today to create lasting hope for tomorrow. The agency seeks to empower families so they can become self-sufficient and responsible for their future success. …

A. Hours for inspection of records. Public records are available for inspection and copying during normal business hours at MDHS, Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding state/legal holidays. Records must be inspected at the office of MDHS. The time, place and ma…

A. Acknowledging receipt of request. Within seven (7) business days of receipt of the request, the Public Records Officer will do one or more of the following:1) Make the records available for inspection, copying, or release; 2) If copies are requested and payment of a deposit fo…