2010 Mississippi Code
TITLE 43 - PUBLIC WELFARE
Chapter 13 - Medical Assistance for the Aged; Medicaid.
43-13-407 - Establishment of Health Care Expendable Fund; annual transfers from Health Care Trust Fund; expenditures to be exclusively for health care purposes [Subsections (1), (2), (5) and (6) repealed effective July 1, 2012].

§ 43-13-407. Establishment of Health Care Expendable Fund; annual transfers from Health Care Trust Fund; expenditures to be exclusively for health care purposes [Subsections (1), (2), (5) and (6) repealed effective July 1, 2012].
 

(1)  [Repealed effective July 1, 2012]. 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 ($456,000,000.00); 

(b) In fiscal year 2006, One Hundred Eighty-six Million Dollars ($186,000,000.00); 

(c) In fiscal year 2007, One Hundred Eighty-six Million Dollars ($186,000,000.00); 

(d) In fiscal year 2008, One Hundred Six Million Dollars ($106,000,000.00); 

(e) In fiscal year 2009, Ninety-two Million Two Hundred Fifty Thousand Dollars ($92,250,000.00); 

(f) In the fiscal year beginning after the calendar year in which none of the amount of the annual tobacco settlement installment payment will be deposited into the Health Care Expendable Fund as provided in subsection (3)(d) of this section, and in each fiscal year thereafter, a sum equal to the average annual amount of the dividends, interest and other income, including increases in value of the principal, earned on the funds in the Health Care Trust Fund during the preceding four (4) fiscal years. 

(2)  [Repealed effective July 1, 2012]. In any fiscal year in which interest, dividends and other income from the investment of the funds in the Health Care Trust Fund are not sufficient to fund the full amount of the annual transfer into the Health Care Expendable Fund as required in subsection (1)(f) of this section, the State Treasurer shall transfer from tobacco settlement installment payments an amount that is sufficient to fully fund the amount of the annual transfer. 

(3)  Beginning with calendar year 2009, at the time that the State of Mississippi receives the tobacco settlement installment payment for each calendar year, the State Treasurer shall deposit the following amounts of each of those installment payments into the Health Care Expendable Fund: 

(a) In calendar years 2009 and 2010, the total amount of the installment payment; 

(b) In calendar year 2011, the amount of the installment payment less Ten Million Dollars ($10,000,000.00); 

(c) In calendar year 2012, the amount of the installment payment less Twenty Million Dollars ($20,000,000.00); 

(d) In calendar year 2013, and each calendar year thereafter, the amount of the installment payment to be deposited into the Health Care Expendable Fund shall be reduced by an additional Ten Million Dollars ($10,000,000.00) each calendar year until the calendar year that the amount of the installment payment that otherwise would be deposited into the Health Care Expendable Fund is less than the average annual amount of the dividends, interest and other income, including increases in value of the principal, earned on the funds in the Health Care Trust Fund during the preceding four (4) fiscal years. Beginning with that calendar year and each calendar year thereafter, none of the amount of the installment payment shall be deposited into the Health Care Expendable Fund. 

(4)  The total sum of Two Hundred Forty Million Dollars ($240,000,000.00) plus interest at the rate of five percent (5%) per annum shall be transferred into the Health Care Trust Fund from the State General Fund during fiscal years 2011 through 2018 to repay the trust fund for Two Hundred Forty Million Dollars ($240,000,000.00) of the total sum that is transferred from the trust fund to the Health Care Expendable Fund during fiscal year 2005 under subsection (1)(a) of this section. The repayment shall be made according to the following schedule: During each of fiscal years 2011 through 2017, the State Fiscal Officer shall transfer from the General Fund to the Health Care Trust Fund the sum of Thirty-eight Million Dollars ($38,000,000.00), and during fiscal year 2018 the State Fiscal Officer shall transfer from the State General Fund to the Health Care Trust Fund a sum in the amount certified by the State Treasurer as necessary to fully repay the balance of the Two Hundred Forty Million Dollars ($240,000,000.00) plus interest at the rate of five percent (5%) per annum. 

(5)  [Repealed effective July 1, 2012]. If Medicaid expenditures are projected to exceed the amount of funds appropriated to the Division of Medicaid in any fiscal year in excess of the expenditure reductions to providers, funds shall be transferred by the State Fiscal Officer from the Health Care Trust Fund into the Health Care Expendable Fund and then to the Governor's Office, Division of Medicaid, in the amount and at such time as requested by the Governor to reconcile the deficit. 

(6)  [Repealed effective July 1, 2012]. All income from the investment of the funds in the Health Care Expendable Fund shall be credited to the account of the Health Care Expendable Fund. Any funds in the Health Care Expendable Fund at the end of a fiscal year shall not lapse into the State General Fund. 

(7)  [Repealed effective July 1, 2012]. The funds in the Health Care Expendable Fund shall be available for expenditure under specific appropriation by the Legislature beginning in fiscal year 2000, and shall be expended exclusively for health care purposes. 

(8)  The provisions of subsection (1) of this section may not be changed in any manner except upon amendment to that subsection by a bill enacted by the Legislature with a vote of not less than three-fifths (3/5) of the members of each house present and voting. 

(9)  Subsections (1), (2), (5), (6) and (7) of this section shall stand repealed on July 1, 2012. 
 

Sources: Laws, 1999, ch. 493, § 4; Laws, 2002, ch. 304, § 2; Laws, 2003, ch. 424, § 1; Laws, 2004, ch. 571, § 2; Laws, 2004, ch. 595, § 12; Laws, 2005, 1st Ex Sess, ch. 1, § 1; Laws, 2006, ch. 531, § 1; Laws, 2007, ch. 560, § 1; Laws, 2008, ch. 507, § 4; Laws, 2009, 2nd Ex Sess, ch. 118, § 4; Laws, 2009, ch. 563, § 6, eff from and after passage (approved May 13, 2009.)