SB 3072

MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Appropriations
By: Senator(s) Hopson, DeBar, Hill, Boyd, Butler, DuPree,
Frazier
Senate Bill 3072
(As Sent to Governor)
AN ACT MAKING AN APPROPRIATION TO DEFRAY THE EXPENSES OF THE
DEPARTMENT OF MENTAL HEALTH FOR FISCAL YEAR 2027.
���� BE IT ENACTED BY THE
LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1.� The following sum, or so much thereof
as may be necessary, is hereby appropriated out of any money in the State
General Fund not otherwise appropriated, for the support and maintenance of the
Department of Mental Health for the fiscal year beginning
July 1, 2026, and ending June 30, 2027........................................
............................................ $��
265,056,513.00.
SECTION 2.� The following sum, or so much thereof
as may be necessary, is hereby authorized for expenditure out of any special
source funds which are collected by or otherwise become available for the
support and maintenance of the Department of Mental Health for the fiscal year
beginning July 1, 2026, and ending June 30, 2027 $��
480,867,311.00.
���� SECTION 3.� Of the
funds appropriated under the provisions of Section 2 of this act, Twenty
Million Nine Hundred Fifty-one Thousand Eight Hundred Eighty-six Dollars
($20,951,886.00) shall be derived from the Health Care Expendable Fund created
in Section 43-13-407, Mississippi Code of 1972, for the support and maintenance
of the Department of Mental Health.� The funds provided for in this section
shall be allocated as follows:
���� $ 16,797,843.00���� Expenses
of the Department of Mental
����������������������� Health,
payment of Medicaid state share,
����������������������� or
prepayment of Medicaid state share
���� $��� 636,374.00���� Crisis
Centers
���� $��� 379,417.00���� Alzheimer's
disease services development
���� $� 2,000,000.00���� Mental health
first aid training for ������� ������������������ county and municipal law
enforcement; ����������� ������������� crisis intervention team officers ������������������� ��������� pursuant
to Section 17-25-39, Mississippi ���������������� ���� Code of 1972; community
mental health �������������������� ���� centers court liaisons pursuant to ����������������������� ���� Section
41-21-77.1, Mississippi Code of ������������������ ���� 1972, and the Mental
Health Act �������������������������� ���� established in House Bill No. 1222,
2023 ����������������� ���� Regular Session
���� $� 1,138,252.00���� Physician
services at community mental
����������������������� health
centers
���� $ 20,951,886.00���� TOTAL
���� SECTION
4.� Of the funds appropriated under the provisions of this act, not more
than the following amount of funds, with the exception of the provisions in
this section, shall be expended only for "Personal Services," which
includes "Vacancy Funding," for the following authorized number of
employment headcount:
���� FUNDING:
��������� General Funds:������������� $
103,321,954.00
��������� Special Funds:������������� $
212,776,052.00
��������� Total Funds:��������������� $
316,098,006.00
���� PERSONAL SERVICES:
��������� Employee Salaries,
Wages and
��������� � Fringe Benefits:���������� $
300,293,106.00
��������� Progressions:�������������� $����������
0.00
��������� Vacancy Funding:����������� $�
15,804,900.00
��������� Total Personal
Services:���� $ 316,098,006.00
���� AUTHORIZED HEADCOUNT:
��������� Permanent:������������������ 4,683
��������� Time-Limited:��������������� �
330
���� As used in this section, the
term "Personal Services" shall mean funds provided under the major
object of expenditure category Personal Services for Salaries, Wages, and
Fringe Benefits.� Funds in this category shall not be transferred to any other
category.
���� It is the intention of the
Legislature to ensure compliance with the Variable Compensation Plan, as
outlined in Section 25-9-147, Mississippi Code of 1972.� Payment from these
funds shall be in accordance with the Variable Compensation Plan promulgated by
the Mississippi State Personnel Board.� It is the Legislature's intention that
no employee's salary falls below the minimum salary established by the
Mississippi State Personnel Board.
���� The State Personnel Board
shall determine and publish the projected annual cost of "Personal
Services" based on monthly and year-to-date payroll expenditures in
compliance with the provisions of this act.
���� With the funds herein
appropriated, it shall be the agency's responsibility to ensure that no single
personnel action or combination of personnel actions, when annualized, exceeds
the Fiscal Year 2027 appropriation for "Personal Services" with the
exception of escalated funds.� Further, it shall be the agency's responsibility
to ensure that funds required to be appropriated for "Personal
Services" for Fiscal Year 2028 do not exceed Fiscal Year 2027 funds appropriated
for that purpose unless programs or positions are added to the agency's Fiscal
Year 2027 budget by the Mississippi Legislature.
���� If, at the time the agency
takes any action to change "Personal Services," the State Personnel
Board determines that the agency has taken or will take an action that would
cause the agency to exceed the funds appropriated in this act when annualized
for Fiscal Year 2027 or increase the need for "Personal Services" for
Fiscal Year 2028, when annualized, the State Personnel Board shall process no
salary actions until such time as the requirements of the provisions of this
section are met with the exception of new hires determined to be essential for
the agency.
���� When used in this section,
"Vacancy Funding" shall mean funds included in the Total Personal
Services amount listed above and designated for approved vacancies in Fiscal
Year 2027.� These funds are to be utilized to increase the number of filled
headcounts that were authorized but unfilled as of the last day of Fiscal Year
2026.� If the agency fills additional headcounts after March 1, 2026, until the
end of Fiscal Year 2026, the amount of available Vacancy Funding may be
proportionally adjusted to reflect the updated number of filled headcounts.�
The agency shall be responsible for ensuring that "Vacancy Funding"
is used to increase headcounts and not for promotions, title changes, in-range
salary adjustments, or any other mechanism for increasing salaries for current
employees.
���� Any transfers or escalations
shall be made in accordance with the terms, conditions, and procedures
established by law or allowable under the terms set forth within this act.� The
State Personnel Board shall not escalate positions or increase the Personal
Services total without written approval from the Department of Finance and
Administration.� The Department of Finance and Administration shall not provide
written approval to escalate any funds for salaries and/or headcounts without
proof of availability of new or additional funds above the appropriated level.�
Unless specifically noted, all Fiscal Year 2026 escalated headcounts have been
accounted for and shall be converted to authorized time-limited headcounts.
���� No general funds authorized
to be expended herein shall be used to replace federal funds and/or other
special funds used for salaries authorized under the provisions of this act and
which are withdrawn and no longer available.
���� None of the funds herein
appropriated shall be used in violation of the Internal Revenue Service's
Publication 15-A relating to the reporting of income paid to contract
employees, as interpreted by the Office of the State Auditor.
���� If the agency's total
authorized headcount decreases from Fiscal Year 2026 to Fiscal Year 2027, it
will be the agency's discretion as to what headcounts are removed.
���� SECTION 5.� In
compliance with the "Mississippi Performance Budget and Strategic Planning
Act of 1994," it is the intent of the Legislature that the funds provided
herein shall be utilized in the most efficient and effective manner possible to
achieve the intended mission of this agency.� Based on the funding authorized,
this agency shall make every effort to attain the targeted performance measures
provided below:
��������������������������������������������������������� FY2027
Performance Measures�������������������������������������� Target
Services Management
���� Number of On-Site Reviews
Conducted by
��������� the Division of Audit������������������������������� 40
���� Number of On-Site Reviews
Conducted for
��������� DMH Certified Provider
Agencies�������������������� 150
Mental Health Services
���� Percent of Population
Lacking Access to
��������� Community-Based Mental
Health Care���������������� 30.00
���� Percent of DMH Clients
Served in the
��������� Community vs. in an
Institutional
��������� Setting����������������������������������������� 98.00
���� Increase by at Least 25% the
Utilization
��������� of Alternative
Placement/Treatment
��������� Options for Individuals
who have had
��������� Multiple
Hospitalizations & Do Not
��������� Respond to Traditional
Treatment������������������ 3.00
���� Number Served by PACT Teams
and
��������� Intensive Case
Management Teams������������������ 2,150
���� Number of Individuals
Employed Through
��������� Supported Employment������������������������������� 200
���� Increase Access to Crisis
Services by
��������� Tracking the Number of
Calls to Mobile
��������� Crisis Response Teams���������������������������� 8,500
���� Number Referred from Mobile
Crisis
��������� Response Teams to a
Community Mental
��������� Health Center and
Scheduled an
��������� Appointment�������������������������������������� 3,379
���� Number Diverted from a More
Restrictive
��������� Environment Due to
Mobile Crisis
��������� Response Teams����������������������������������� 8,200
���� Increase the Number of
Certified Peer
��������� Supt Specialists in the
State���������������������� 280
IDD Services
���� Number of Individuals on
Planning List
��������� for Home and Community-Based
Services������������� 2,700
���� Percent of DMH
Institutionalized Clients
��������� who Could be Served in
the Community������������� 100.00
���� Percent of DMH Clients
Served in the
��������� Community vs. in an
Institutional
��������� Setting����������������������������������������� 87.00
���� Number of People Added from
Planning
��������� List to ID/DD Waiver
Services���������������������� 250
Children & Youth Services
���� Percent of Children with
Serious Mental
��������� Illness Served by Local
��������� Multidisciplinary
Assessment & Planning
��������� (MAP) Teams��������������������������������������� 2.50
���� Number Served by MAP Teams���������������������������� 1,028
���� Number of Children &
Youth that are
��������� Served by Wraparound
Facilitation���������������� 1,648
3% Alcohol Tax-alcohol/drug Prg
���� Number of Residential Beds
Made
��������� Available Statewide due
to the Three
��������� Percent Tax Supplements���������������������������� 228
���� Number Receiving Residential
Substance
��������� Use Disorder Treatment��������������������������� 1,319
Crisis Stabilization Units
���� Average Length of Time from
Mental
��������� Health Crisis to
Receipt of Community
��������� Mental Health Crisis
Service (Minutes)������������� 1.50
���� Percent of People Receiving
Mental
��������� Health Crisis Services
who were Treated
��������� at Community Mental
Health Centers vs.
��������� Institutions������������������������������������� 98.00
���� Diversion Rate of Admissions
to State
��������� Hospitals (% of People)�������������������������� 90.00
���� Number of Involuntary
Admissions���������������������� 1,738
���� Number of Voluntary
Admissions������������������������ 2,243
MI - Institutional Care
���� Number Served Adult Acute
Psychiatric����������������� 2,100
���� Maintain Readmission Rates
within
��������� National Trends����������������������������������� 4.00
MI - Support Services
���� Support as an Overall
Percent of Total
��������� Budget������������������������������������������� 6.03
IDD - Institutional Care
���� Number of People Served in
Residential
��������� IID Programs��������������������������������������� 754
���� Number of People
Transitioned from
��������� Facility to ICF/IID
Community Home������������������ 17
IDD - Group Homes
���� Number of People Served in
the 10-bed
��������� ICF/IID Community Homes���������������������������� 565
���� Percent of People Served in
the
��������� Community vs. in an
Institutional
��������� Setting����������������������������������������� 87.00
IDD - Community Programs
���� Number of People Added from
Planning
��������� List to ID/DD Waiver
Services���������������������� 250
���� Number of People Enrolled in
the 1915i���������������� 1,100
IDD - Support Services
���� Support as a Percent of
Total Budget������������������� 4.70
���� A reporting of the degree to
which the performance targets set above have been or are being achieved shall
be provided in the agency's budget request submitted to the Joint Legislative
Budget Committee for Fiscal Year 2028.
���� SECTION 6.� The
Department of Mental Health and its facilities shall have the authority, within
funding and spending authority appropriated under the provisions of this act to
transfer funds to the Division of Medicaid in payment of Medicaid match and
designate that the funds thus transferred shall be applied to Medicaid match
obligations arising in the subsequent fiscal year.
���� SECTION 7.� Any
person within the Department of Mental Health who must work on a statutory
holiday or any holiday proclaimed by the Governor may, at the discretion of the
Director of the Institution and the Executive Director of the Department of
Mental Health and within available personnel funds, be paid "call-back
pay" in lieu of "compensatory time credit."
���� SECTION 8.� Of the
funds appropriated to the "Service Budget," funds are included for
the support of community mental health services for Fiscal Year 2027.
���� Provided, however, that none
of the funds appropriated for the support of community mental health services
shall be made available to any Regional Mental Health/Intellectual Disability
Center which does not receive from each of its participating counties a dollar
amount equivalent to what the proceeds of a three-fourths (3/4) mill tax on all
taxable property in the county in Fiscal Year 1982 would have been or the
amount of funds contributed to the center by the county in Fiscal Year 1984,
whichever shall be greater.� By means of performance contracts, the Department
of Mental Health shall disburse the funds appropriated in this section for
services for the mentally ill, intellectually disabled and alcohol/drug
abusers.� The State Board of Mental Health and the Department of Mental Health
shall be responsible for selecting the types of services which shall be
provided with the funds appropriated in this section, for developing and
monitoring performance contracts and for holding contractors accountable for
utilization of funds.
���� SECTION 9.�
Ellisville State School is authorized to draw up to Four Hundred Fifty Thousand
Dollars ($450,000.00) from interest earned on funds invested in Ellisville
State School Client's Trust Fund for the purpose of supplementing the cost
related to supplies, property, and equipment in direct care.
���� SECTION 10.� The
Department of Mental Health and its facilities shall have the express legal
authority, within funding and spending authority appropriated under the
provisions of this act to purchase land for use by residential facilities
operated by the department, either directly or by means of transferring funds to
the Bureau of Building, Grounds and Real Property Management, and to transfer
such funds to the Bureau of Building, Grounds, and Real Property Management for
the purposes of constructing and equipping group homes for persons with mental
illness, intellectual disability, and/or substance abuse; constructing and
equipping such other buildings as may be required for treatment of persons with
mental illness, intellectual disability, and/or substance abuse; repair and
renovate existing buildings; and to construct, repair and/or renovate employee
housing.� Any intermediate care facilities for individuals with intellectual
disabilities (ICF/IID) constructed with funds authorized in this section shall
be authorized to participate in Medicaid funding available for such services.
���� SECTION 11.� It is
the intention of the Legislature that the Department of Mental Health shall
maintain complete accounting and personnel records related to the expenditure
of all funds appropriated under this act and that such records shall be in the
same format and level of detail as maintained for Fiscal Year 2026.� It is
further the intention of the Legislature that the agency's budget request for
Fiscal Year 2028 shall be submitted to the Joint Legislative Budget Committee
in a format and level of detail comparable to the format and level of detail
provided during the Fiscal Year 2027 budget request process.
���� SECTION 12.� It is
the intention of the Legislature that none of the funds provided herein shall
be used to pay certain utilities for state-furnished housing for any
employees.� Such utilities shall include electricity, natural gas, butane,
propane, cable and phone services.� Where actual cost cannot be determined, the
agency shall be required to provide meters to be in compliance with legislative
intent.� Such state-furnished housing shall include single-family and
multifamily residences but shall not include any dormitory residences.�
Allowances for such utilities shall be prohibited.
���� SECTION 13.� It is
the intention of the Legislature that the Executive Director of the Department
of Mental Health shall have authority to transfer cash from one special fund
treasury fund to another special fund treasury fund under the control of the
Department of Mental Health.� The purpose of this authority is to more
efficiently use available cash reserves.� It is further the intention of the
Legislature that the Executive Director of the Department of Mental Health
shall submit written justification for the transfer to the Legislative Budget
Office and the Department of Finance and Administration.� None of the funds
transferred with this section may be transferred to the Central Office for
Personal Services.
���� SECTION 14.� Of the
funds appropriated under the provisions of this act, Fifty-one Million Five
Hundred Sixty-one Thousand One Hundred Sixty-nine Dollars ($51,561,169.00) is
provided to the Department of Mental Health to expand community-based
services.� Further, it is the intention of the Legislature that the Department
of Mental Health shall have the authority to transfer such sums from this
source as are necessary to implement or improve those community services that
are more appropriately addressed by the Mississippi Department of Education
and/or the Mississippi Department of Rehabilitation Services to those agencies
for that purpose.� Further, it is the intention of the Legislature that any
sums received from this source that are not expended during the fiscal year
ending June 30, 2026, by the Mississippi Department of Mental Health shall be
reappropriated for the same purpose during the fiscal year ending June 30,
2027.� Further, it is the intention of the Legislature that the Department of
Mental Health shall account for the expenditure of these funds in sufficient
detail to clearly show the purposes for which such funds were expended.� The
Executive Director of the Department of Mental Health shall report any such
reappropriation to the Legislative Budget Office no later than fifteen (15)
days after the effective date of the reappropriation.
���� SECTION 15.� Of the
funds appropriated in this act, the Department of Mental Health, with approval
by the board, may contract with Community Mental Health Centers, or suitable
entities, for the purpose of operating the Crisis
Stabilization Units at Grenada, Batesville, Brookhaven, Cleveland, Corinth,
Laurel Newton, Brandon, Gulfport, Jackson, Tupelo, West Point, Whitfield, and
Natchez.� The department shall provide quarterly progress reports on the
operation of the Crisis Stabilization Units to the Chairmen of the Senate and
House Public Health and Appropriations Committees.
���� SECTION 16.� It is
the intention of the Legislature that whenever two (2) or more bids are
received by this agency for the purchase of commodities or equipment, and
whenever all things stated in such received bids are equal with respect to
price, quality and service, the Mississippi Industries for the Blind shall be
given preference.� A similar preference shall be given to the Mississippi
Industries for the Blind whenever purchases are made without competitive bids.
���� SECTION 17.� The
Department of Finance and Administration (DFA) shall transfer funds back to the
Department of Mental Health, upon the request of the Department of Mental
Health, where� the funds received by DFA from the Department of Mental Health�
were special funds (neither general funds or bond funds) and where those funds
are not required for the payment of costs already incurred on a building or
repair project.� For the purposes of this section, the term "special funds"
includes any state source special funds, including, but not limited to, funds
from the Health Care Expendable Fund.� The duty of DFA to transfer funds back
to the Department of Mental Health under this section applies to any funds
described in this section that were transferred to DFA, regardless of the year
that the transfer was made by the Department of Mental Health.
SECTION 18.� None of the funds provided in Section
1, 2, or 3 of this act shall be used to pay Medicaid match for the twelve (12)
Community Mental Health Centers.
���� SECTION 19.� Of the
funds appropriated in Section 1 of this act, it is the intention of the
Legislature that Three Million Nine Hundred Ten Thousand Seven Hundred Two
Dollars ($3,910,702.00) shall be allocated to the Crisis Intervention Mental
Health Fund supported by General Fund court assessments.
���� SECTION 20.� Of the
funds appropriated in this act, the Department of Mental Health shall fund ten
(10) Programs of Assertive Community Treatment (PACT) Teams and provide
supportive employment for individuals with intellectual and developmental
disabilities.
���� SECTION 21.�
Notwithstanding any other provision, the Department of Mental Health shall have
the authority to escalate its headcount for any additional operational needs
related to Coronavirus State Fiscal Recovery Funds upon approval of the
Department of Finance and Administration and the State Personnel Board.
���� SECTION 22.� Of the
funds appropriated in Section 1 and Section 2 of this act, it is the intention
of the Legislature that continued funding at or above the Fiscal Year 2026
appropriated amount shall be provided for Three Thousand (3,000) slots in the
ID/DD Home and Community-Based Waiver program.� In addition, Two Million Three
Hundred Seventy-seven Thousand Thirty-one Dollars ($2,377,031.00) from the
funds appropriated in Section 1 of this act is provided for an increase of One
Hundred Twenty-five (125) waiver slots, for a total of Three Thousand One
Hundred Twenty-five (3,125) slots in the ID/DD Home and Community-Based Waiver
program.
SECTION 23.� Of the funds appropriated in Section
1 of this act, Two Million Four Hundred Seventy-two Thousand Dollars
($2,472,000.00) is provided for the Department of Mental Health. These funds
are provided for the following purposes:
Statewide Court Liaisons..................... $��
675,000.00
ID/DD Crisis Training........................ $��
147,000.00
988 Call Centers ............................ $
1,650,000.00
SECTION 24.� The following sum, or so much thereof
as may be necessary, is reappropriated out of any money in the Capital Expense
Fund not otherwise appropriated for the Department of Mental Health for the
purpose of reauthorizing the expenditure of Capital Expense Fund, as
appropriated in SB 2016, 2025 First Extraordinary Session, to the Department of
Mental Health for the purpose of entering into a subgrant with Canopy
Children's Solutions for the construction and renovation of the CARES Center,
including the children and youth Psychiatric Residential Treatment Facility for
Trauma Recovery, for the fiscal year beginning July 1, 2026, and
ending June 30, 2027 $��� 12,000,000.00.
���� Notwithstanding the amount
reappropriated under this section, the amount that may be expended under the
authority of this section shall not exceed the unexpended balance of the funds
remaining as of June 30, 2026, from the amount authorized for the previous
fiscal year.  In addition, this reappropriation shall not change the
purpose for which the funds were originally authorized.
SECTION 25.  Of the funds appropriated in
Section 1 of this act, One Hundred Sixty-four Thousand Eight Hundred Fifty-nine
Dollars ($164,859.00) is provided for the Division of Autism Services created
in Section 41-4-29, Mississippi Code of 1972.
SECTION 26.  Of the funds appropriated in
Section 1 of this act, Twenty-five Thousand Dollars ($25,000.00) is provided
for the Special Olympics of Mississippi.
���� SECTION 27.� With the
funds appropriated herein, the Mississippi Department of Mental Health is
authorized to make payments for expenses incurred during prior fiscal years for
an amount not to exceed Four Hundred Thirteen Thousand Six Hundred and Ten
Dollars ($413,610.00).� These payments are for previous year invoices for RTM
Designs, Precision Healthcare, and Change Healthcare Technologies, LLC.
SECTION 28.� As a condition of receiving and
expending the funds appropriated to the Department of Mental Health under
Sections 29 and 30 of this act, a recipient designated under this section shall
certify in writing and under oath to the Department that no contract of
compensation dependent on the success or failure of legislation or executive
action prohibited under Section 5-8-13, Mississippi Code of 1972, has been
entered into by the recipient, with any individual or entity, in pursuance of
such funding.  None of the funds appropriated by this act shall be disbursed
to a recipient or used by a recipient who fails to make such certification or
is found to be in violation of such certification.
SECTION 29.  Of the funds appropriated under
the provisions of Section 2 of this act, Five Hundred Thousand Dollars ($500,000.00)
shall be derived from the Opioid Settlement Fund as created in Section 27-103-305,
for the support and maintenance of the Department of Mental Health.  These
nonabatement funds provided in this section shall be allocated as follows:
Funding for the Mississippi Dementia Care Program, as
created in the Jimmy Kaigler Alzheimer's Support Act............. $
500,000.00.
SECTION 30.  Of the funds appropriated under
the provisions of Section 2 of this act, Eleven Million Nine Hundred Ninety-five
Thousand Dollars ($11,995,000.00) shall be derived from the Opioid Settlement
Fund as created in Section 27-103-305, Mississippi Code of 1972, for the
support and maintenance of the Department of Mental Health.  These
abatement funds provided in this section shall be allocated as follows:
Funding to increase capacity for substance
use disorder (SUD)treatment, fifteen (15)
additional beds at East Mississippi State
Hospital in Meridian........................ $
895,000.00.
Funding a partnership with Open Doors
Homeless Coalition establishing voucher
program for adults leaving residential
substance use disorder treatment for safe,
stable housing.............................. $
1,500,000.00.
Funding a partnership with Mississippi
State University on a statewide Comprehensive
Needs Assessment............................ $
100,000.00.
Funding Oceans Healthcare to improve
maternal mental health and reduce
opioid-related morbidity and mortality among
pregnant and postpartum women................ $
4,000,000.00.
Funding for the Community Mental Health
Centers (CMHC) to directly expand access to
lifesaving care. �Funding to be distributed to
each CMHC based on formula administered
by the department........................... $
4,500,000.00.
Funding for South Central Regional
Medical Center to create modern,
trauma-informed, and accessible facilities
in order to admit more patients and
provide a safe environment for individuals
and their families.......................... $
1,000,000.00.
SECTION 31.� The money herein appropriated shall
be paid by the State Treasurer out of any money in the State Treasury to the
credit of the proper fund or funds as set forth in this act, upon warrants
issued by the State Fiscal Officer; and the State Fiscal Officer shall issue
his warrants upon requisitions signed by the proper person, officer or officers
in the manner provided by law.
���� SECTION 32.� This act
shall take effect and be in force from and after July 1, 2026.