MS SB2038

Amends Mississippi Code Section 43-13-115 to allow dependents with special needs of active-duty military service members to qualify for Medicaid home and community-based services (HCBS) using the military member's state of legal residence rather than current state of residence.

Permits dependents who left Mississippi due to military assignment outside the state to retain HCBS eligibility as long as they remain legal residents of Mississippi and otherwise qualify for services.

Allows dependents on HCBS waiting lists to be placed if they left the state due to military service member's assignment, with required documentation including DD-214 discharge papers and proof of military member's Mississippi legal residence.

Upon return to Mississippi, requires the Department of Mental Health to determine dependent's eligibility for developmental disability services and HCBS waiver services, provide eligibility notifications, allow appeals, and resume services if individual remains eligible.

Permits individuals receiving HCBS in another state to continue services in Mississippi if their parent or legal guardian is an active-duty military service member transferred to the state, provided they meet Medicaid eligibility requirements.

Takes effect July 1, 2018.