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Mississippi Statutes, Title 43

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Mississippi/Statutes

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Title 43, Public Welfare

42 chapters · 903 sections in this title.

All chapters in Title 43903 Ch 21, Youth Court110 Ch 33, Housing and Housing Authorities110 Ch 13, Medical Assistance for the Aged; Med…81 Ch 35, Urban Renewal and Redevelopment55 Ch 15, Child Welfare49 Ch 27, Department of Human Services - Divis…49 Ch 6, Rights and Liabilities of Persons wi…38 Ch 3, Blind Persons34 Ch 1, Department of Human Services and Cou…30 Ch 12, Medicaid and Human Services Provisions25 Ch 19, Support of Natural Children25 Ch 9, Old Age Assistance24 Ch 20, Child Care Facilities24 Ch 47, Mississippi Vulnerable Persons Act23

81 sections·Filtered byTitle 43✕Ch 13✕

Miss. Code Ann. § 43-13-217 Evidentiary matters concerning false statements or representations
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In any prosecution under this article, it shall not be necessary to show that the person had knowledge of similar acts having been performed in the past on the part of persons acting on his behalf, nor to show that the person had actual notice that the acts by persons acting on h…
Miss. Code Ann. § 43-13-219 Medicaid fraud control unit
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There is hereby created within the office of the attorney general a “Medicaid Fraud Control Unit.” The unit shall consist of a director appointed by the attorney general and such attorneys, auditors, investigator and other such personnel as are necessary to conduct the activities…
Miss. Code Ann. § 43-13-221 Attorney General; investigation and prosecution; investigator status as law enforcement officer
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The Attorney General, acting through the Director of the Fraud Control Unit, may, in any case involving alleged violations of this article, conduct an investigation or prosecution. In conducting such actions, the Attorney General, acting through the director, shall have all the p…
Miss. Code Ann. § 43-13-223 Jurisdiction; service of process

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(1) An action brought in connection with any matter under this article may be filed in the circuit court of the First Judicial District of Hinds County or in the circuit court of the county in which the defendant resides, and may be prosecuted to final judgment in satisfaction th…

Miss. Code Ann. § 43-13-225 Civil liability and penalty of health care provider

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(1) A health care provider or vendor committing any act or omission in violation of this article shall be directly liable to the state and shall forfeit and pay to the state a civil penalty equal to the full amount received, plus an additional civil penalty equal to triple the fu…

Miss. Code Ann. § 43-13-227 Injunction; appointment of receiver for residential health care facility

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(1) As a means of protecting the health, safety and welfare of patients in residential health care facilities, including hospitals and nursing homes, whenever there is probable cause that any acts or omissions in violation of this article have been committed by a person who is in…

Miss. Code Ann. § 43-13-229 Inspection and audit of health care provider records; cessation of reimbursement for failure to disclose

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(1) During any investigation under this article, the attorney general, acting through the director of the fraud control unit, shall have the right to audit and to inspect the records of any health care provider or vendor of Medicaid benefits. (2) Reimbursement under the Medicaid …

Miss. Code Ann. § 43-13-231 Power of local authorities

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The powers of the attorney general, acting through the director of the fraud control unit, under this article shall not diminish the powers of local authorities to investigate and/or prosecute criminal conduct within their respective jurisdictions.

Miss. Code Ann. § 43-13-233 Existing law not affected

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Nothing in this article shall in any way limit any penalties or remedies which may be available under any other statute or law of this state.

Miss. Code Ann. § 43-13-301 Identification of cases involving third-party liability

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The State Department of Public Welfare shall assist the Division of Medicaid in the Office of the Governor in identifying cases involving third-party liability, including without limitation, third-party insurance benefits, health insurance or other health coverage maintained by t…

Miss. Code Ann. § 43-13-303 Inclusion of medical support in child support enforcement orders; procedures for health insurance enrollment in child support cases; duties of health insurers and employers; withholding of reimbursement amounts from parent’s state tax refund

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(1) The Department of Human Services, in administering its child support enforcement program on behalf of Medicaid and non-Medicaid recipients, or any other attorney representing a Medicaid recipient, shall include a prayer for medical support in complaints and other pleadings in…

Miss. Code Ann. § 43-13-305 Assignment of rights against third parties; appointment of Division as attorney-in-fact; direction of payments to Division

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(1) By accepting Medicaid from the Division of Medicaid in the Office of the Governor, the recipient shall, to the extent of the payment of medical expenses by the Division of Medicaid, be deemed to have made an assignment to the Division of Medicaid of any and all rights and int…

Miss. Code Ann. § 43-13-307 Loss of eligibility upon refusal to cooperate with Division or local agency

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Any applicant or recipient, inclusive of the grantee relative of a dependent child who refuses to cooperate with or to provide reasonable assistance to the Division of Medicaid against a liable third party in accordance with Section 43-13-125, Mississippi Code of 1972, or fails t…

Miss. Code Ann. § 43-13-309 State and federal funding

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The State Department of Public Welfare shall obtain an appropriation of state funds from the State Legislature in carrying out its medical support responsibilities under this article and shall organize its programs and budgets in such a manner as to secure maximum federal funding…

Miss. Code Ann. § 43-13-311 Requirement of cooperation by providers

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Providers of medical services participating in the Medicaid program shall, in submitting claims for the payment of services, identify, if known to the provider, the third party or parties who are or may be liable for the injuries, disease, or sickness of the recipient and shall c…

Miss. Code Ann. § 43-13-313 Denotation on medical information furnished by provider; provider to direct copy of medical information and authorization to Division of Medicaid; effect of failure to comply

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(1) In furnishing medical information to the recipient, his attorney or any other party upon written authorization, a provider participating in the Medicaid program shall denote in writing on such medical information that the patient is a Medicaid recipient and his Medicaid ident…

Miss. Code Ann. § 43-13-315 Liability for failure or refusal to honor subrogation rights of Division

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Any person, firm, or corporation who fails or refuses to honor the subrogation rights of the Division of Medicaid and, specifically, without limitation, hospital insurance and indemnity benefits accruing to a recipient, after advanced written notice and a reasonable opportunity o…

Miss. Code Ann. § 43-13-317 Recovery of Medicaid payments from estate of deceased recipient; waiver of claim

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(1) The division shall be noticed as an identified creditor against the estate of any deceased Medicaid recipient under Section 91-7-145. (2) In accordance with applicable federal law and rules and regulations, including those under Title XIX of the federal Social Security Act, t…

Miss. Code Ann. § 43-13-401 Declaration of legislative intent

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It is declared by the Legislature that the funds received by the State of Mississippi from tobacco companies in settlement of a certain lawsuit brought against those companies by the State of Mississippi, or as a result of the settlement of any lawsuit brought against tobacco com…

Miss. Code Ann. § 43-13-403 Definitions

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(a) When used in this article, the following definitions shall apply, unless the context requires otherwise:(a) “Health Care Trust Fund” means the trust fund established by Section 43-13-405 for the deposit of the funds received by the State of Mississippi as a result of the toba…

Miss. Code Ann. § 43-13-407 Establishment of Health Care Expendable Fund; annual transfers from Health Care Trust Fund; expenditures to be exclusively for health care purposes; authorization to borrow funds to offset temporary cash flow deficiencies in Expendable Fund

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(1) In accordance with the purposes of this article, there is established in the State Treasury the Health Care Expendable Fund, into which shall be transferred from the Health Care Trust Fund the following sums:(a) In fiscal year 2005, Four Hundred Fifty-six Million Dollars ($45…

Miss. Code Ann. § 43-13-409 Board of Directors for Health Care Trust Fund and Health Care Expendable Fund; establishment; membership; powers

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(1) There is established a board of directors to invest the funds in the Health Care Trust Fund and the Health Care Expendable Fund. The board of directors shall consist of thirteen (13) members as follows:(a) Seven (7) voting members as follows: the State Treasurer or his design…

Miss. Code Ann. § 43-13-501 Definitions

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(a) As used in Sections 43-13-501 through 43-13-509, the following terms have the following meanings, unless the context requires otherwise:(a) “Board” means the State Board of Pharmacy.(b) “Health care facility” means any of the following:(i) A hospital as defined under Section …

Miss. Code Ann. § 43-13-503 Establishment of plan for drug repository program; eligible drugs

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(1) Not later than January 1, 2005, the State Board of Pharmacy and the State Department of Health jointly shall establish a plan for a drug repository program to accept and dispense prescription drugs donated for the purpose of being dispensed to individuals who meet the eligibi…

Miss. Code Ann. § 43-13-505 Criteria for donating, accepting, and dispensing drugs under the program

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(1) Any person, including a drug manufacturer, health care facility or government entity may donate prescription drugs to the drug repository program. The drugs must be donated at a pharmacy, hospital, or nonprofit clinic that participates in the drug repository program under the…

Miss. Code Ann. § 43-13-507 Health care professional defined; immunity for participants in program

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(1) As used in this section, the term “health care professional” means any of the following:(a) Physicians and osteopaths licensed under Section 73-25-1 et seq.;(b) Podiatrists licensed under Section 73-27-1 et seq.;(c) Dentists and dental hygienists licensed under Section 73-9-1…

Miss. Code Ann. § 43-13-509 Implementation of program

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(1) Not later than January 1, 2005, the State Board of Pharmacy, in consultation with the State Department of Health, shall adopt rules, in accordance with the Administrative Procedures Law (Section 25-43-1 et seq.), governing the drug repository program that establish all of the…

Miss. Code Ann. § 43-13-601 Legislative findings

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The Legislature finds that in order to alleviate the financial burden on the state’s Medicaid program, the state must encourage better access to and utilization of affordable long-term care insurance that will pay for some or all of the cost of long-term care services.

Miss. Code Ann. § 43-13-603 Definitions

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(a) As used in this article:(a) “Long-term care facility” means a facility required to be licensed under Section 43-11-1 et seq.(b) “Long-term care insurance” means the same as in 26 USCS Section 7702B.(c) “Long-term care services” means the following necessary services that orig…

Miss. Code Ann. § 43-13-605 Mississippi Long-term Care Partnership Program created

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(1) The Mississippi Long-Term Care Partnership Program is created within the Division of Medicaid. (2) The Division of Medicaid in cooperation with the Insurance Commissioner shall submit applications to the United States Department of Health and Human Services necessary to obtai…

Miss. Code Ann. § 43-13-607 Continuity of asset protection

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If this article is repealed, any Medicaid asset protection afforded under Section 43-13-605 shall remain effective for the life of the individual receiving long-term care services under this article.