At the time the department makes an evaluation of the case reported, in accordance with the provisions of Section 43-47-9, it shall be determined, according to the regulations set by the department, whether the vulnerable person is financially capable of paying for the essential services. If he is, he shall make reimbursement for the costs of providing the needed essential services. If it is determined that he is not financially capable of paying for such services, they shall be provided at no cost to the recipient of the services. The court may order the department or any public agency to provide for the custody, care and maintenance of such vulnerable person. Provided, however, that the care, custody and maintenance of any vulnerable person shall be within statutory authorization and budgetary means of such institution, facility, agency or department. Notwithstanding any provision to the contrary, it is not the intent of the Legislature through the adoption of this chapter to authorize any court exercising jurisdiction over a vulnerable person to enlarge or bring about the addition of new groups or categories of recipients or to increase the types of care and services for such persons under the Mississippi Medicaid Law, and any court exercising jurisdiction over a vulnerable person shall not, in any way, enter an order against the Division of Medicaid to provide for the custody, care, or maintenance of a vulnerable person who is not otherwise eligible for medical assistance under Section 43-13-115 or services under Section 43-13-117.
Structure Mississippi Code
Chapter 47 - Mississippi Vulnerable Persons Act
§ 43-47-3. Legislative purpose
§ 43-47-17. Right to bring motion for review of order
§ 43-47-21. Payment for services; orders to provide custody, care, and maintenance
§ 43-47-23. Authority to seek cooperation of organizations and agencies
§ 43-47-25. Immunity of department employees from liability
§ 43-47-27. Adoption of standards, procedures, and guidelines
§ 43-47-29. Appointment of conservator pursuant to Section 93-20-401 or 93-20-402
§ 43-47-35. Implementation of chapter if federal funds become available