(1) The Legislature finds and determines that:(a) It is in the public interest to preserve the fiscal integrity of the Medicaid program, to safeguard the State General Fund, to prevent unnecessary duplication of services, and to ensure that expansion of health care capacity occurs only upon a demonstration of public necessity.(b) The Legislature has a legitimate interest in ensuring the efficient and sustainable delivery of publicly financed health care, and that regulatory mechanisms are used to avoid excess capacity in service lines where public funds are a primary source of payment.(c) The current number of licensed beds in skilled nursing facilities within multiple regions of the state is sufficient to meet current needs, and that increasing capacity would lead to unnecessary institutionalization.(d) There is currently no comprehensive statewide demonstration of systemic capacity shortages of licensed beds in intermediate care facilities requiring expansion.(e) Expansion of institutional capacity in intermediate care facilities for individuals with intellectual disabilities, absent objective evidence of unmet need, may reasonably increase aggregate public expenditures.(f) The state maintains a network of licensed home health agencies that serve all geographic regions. While increased provider entry may arguably enhance consumer choice, expansion of provider supply in utilization-driven reimbursement systems may reasonably be expected to increase service volume and aggregate Medicaid expenditures. There is currently no comprehensive statewide demonstration of systemic capacity shortage of services by home health agencies or of unmet need to suggest that additional home health licensure is required to ensure access.
(a) It is in the public interest to preserve the fiscal integrity of the Medicaid program, to safeguard the State General Fund, to prevent unnecessary duplication of services, and to ensure that expansion of health care capacity occurs only upon a demonstration of public necessity.
(b) The Legislature has a legitimate interest in ensuring the efficient and sustainable delivery of publicly financed health care, and that regulatory mechanisms are used to avoid excess capacity in service lines where public funds are a primary source of payment.
(c) The current number of licensed beds in skilled nursing facilities within multiple regions of the state is sufficient to meet current needs, and that increasing capacity would lead to unnecessary institutionalization.
(d) There is currently no comprehensive statewide demonstration of systemic capacity shortages of licensed beds in intermediate care facilities requiring expansion.
(e) Expansion of institutional capacity in intermediate care facilities for individuals with intellectual disabilities, absent objective evidence of unmet need, may reasonably increase aggregate public expenditures.
(f) The state maintains a network of licensed home health agencies that serve all geographic regions. While increased provider entry may arguably enhance consumer choice, expansion of provider supply in utilization-driven reimbursement systems may reasonably be expected to increase service volume and aggregate Medicaid expenditures. There is currently no comprehensive statewide demonstration of systemic capacity shortage of services by home health agencies or of unmet need to suggest that additional home health licensure is required to ensure access.
(2) Therefore, continuation of the moratorium on skilled nursing facilities, intermediate care facilities, intermediate care facilities for individuals with intellectual disabilities, and home health agencies is rationally related to preventing unnecessary expansion, avoiding excess institutional capacity and duplication of institutional services, preventing utilization growth that is not supported by documented need, cost containment, ensuring appropriate allocation of limited Medicaid and other health care resources, and protecting the fiscal sustainability of the Medicaid program.
(3) (a) The Mississippi State Department of Health, in conjunction with the Division of Medicaid, shall biennially review the following topics:(i) Capacity and utilization data;(ii) Medicaid expenditure trends;(iii) Evidence of excess capacity or unmet need;(iv) Five-year fiscal projections under continuation and removal scenarios; and(v) Analysis of state fiscal exposure related to health care.(b) The department and the division shall make a final joint report of their findings and recommendations, including any recommended legislation, to the Legislature before December 1, 2026, and on December 1 of each second year thereafter.
(a) The Mississippi State Department of Health, in conjunction with the Division of Medicaid, shall biennially review the following topics:(i) Capacity and utilization data;(ii) Medicaid expenditure trends;(iii) Evidence of excess capacity or unmet need;(iv) Five-year fiscal projections under continuation and removal scenarios; and(v) Analysis of state fiscal exposure related to health care.
(i) Capacity and utilization data;
(ii) Medicaid expenditure trends;
(iii) Evidence of excess capacity or unmet need;
(iv) Five-year fiscal projections under continuation and removal scenarios; and
(v) Analysis of state fiscal exposure related to health care.
(b) The department and the division shall make a final joint report of their findings and recommendations, including any recommended legislation, to the Legislature before December 1, 2026, and on December 1 of each second year thereafter.