As Amended
SEC. 25-15-5. Powers and duties of department.
(1) The department is empowered and authorized to administer the plan for the employees of the State of Mississippi and to adopt and promulgate rules and regulations for its administration, subject to the terms and limitations contained in this article. The department shall employ, subject to the rules and regulations of the State Personnel Board, such personnel as may be needed to carry out the provisions of this article.
(2) It shall be the further duty of the department to survey and make an inventory of all existing contracts and the cost of premiums for fire insurance, automobile insurance, casualty insurance, workers' compensation insurance and liability insurance covering the property and/or employees of all state agencies, institutions, political subdivisions and local governing authorities in the State of Mississippi. The department shall consider the fiscal effect of the removal of the requirement that all public insurance contracts be subject to competitive bidding procedures and shall make a recommendation thereon to the Legislature during the 1986 Regular Session. The department shall also consider the fiscal effect of the removal of the doctrine of sovereign immunity as it relates to insurance requirements of the various governmental entities of the state. The department shall consider the feasibility and cost-effectiveness of the State of Mississippi becoming a self-insurer for all types of insurance on state properties and employees, and shall make a recommendation thereon to the Legislature during the 1986 Regular Session.
(3) The department shall develop a five-year strategic plan for the insurance plans established by Sections 25-15-3 et seq. and 25-15-251 et seq. The strategic plan shall address, but not be limited to:
(a) Changing trends in the health care industry, and how they effect delivery of services to members of the plans.
(b) Alternative service delivery systems.
(c) Any foreseeable problems with the present system of delivering and administering health care benefits in Mississippi.
(d) The development of options and recommendations for changes in the plan.
(4) To carry out the requirements of subsection (3) of this section, the department shall:
(a) Conduct formal research, including questionnaires and attitudinal surveys of members' needs and preferences with respect to service delivery.
(b) Determine whether members of the plans would prefer a simplified plan without options or a more complex plan with multiple options for services.
(5) After the department has complied with all provisions of Sections 25-15-9 and 25-15-255 regarding the establishment of the plans, it shall be responsible for fully disclosing to plan members the provisions of the plan. Such disclosure shall consist of the dissemination of educational material on the plan and any proposed changes thereto. The department shall provide members with complete educational materials at least thirty (30) days before the date upon which the plans' members must select a plan option for health care services. The department shall further use the resources of the Mississippi Authority for Educational Television or other state agency, university or college to provide information on proposed changes. The department may also use other state-owned media, as well as public service announcements on private media to disseminate information regarding proposed changes in the plan.
(6) The department shall develop and make available for public review at its offices a comprehensive plan document which documents all benefits for which members of the plans created by Section 25-15-3 et seq. and 25-15-251 et seq. are eligible. This document shall be typed and maintained also at the offices of any administrator contracted with in accordance with Section 25-15-301.
(7)
(a) The department may enter into contracts with accountants, actuaries and other persons from the private sector whose skills are necessary to carry out the purposes of Senate Bill No. 3303, 1995 Regular Session [Laws, 1995, ch. 554].
(b) Before the department enters into any contract for services as provided in paragraph (a) of this subsection, the department shall first determine that the services are required, and that the staff of the department and personnel of other state agencies are not sufficiently experienced to provide the services. The department shall request the assistance of the Joint Legislative Budget Committee in developing a cost analysis of any such contracts. Then the department may enter into contracts with qualified persons to render the service.
(c) If the service is to be rendered for a period of in excess of six (6) months, the department shall seek and obtain bids for the service in a manner identical to that provided for in Section 25-15-301, subsection (1)(a) and (b), except for those provisions which specifically state criteria which are applicable only to third-party administrators contracted with in accordance with Senate Bill No. 3303, 1995 Regular Session [Laws, 1995, ch. 554].
(d) The department is also authorized to procure legal services if it deems these services to be necessary to carry out its responsibilities under Senate Bill No. 3303, 1995 Regular Session [Laws, 1995, ch. 554].
SOURCES: Codes, 1942, Sec. 5834-133; Laws, 1971, ch. 523, Sec. 3; 1984, ch. 488, Sec. 144; 1985, ch. 525, Sec. 33, eff from and after July 1, 1985. Laws, 1995, ch. 554, Sec. 2, eff from and after April 10, 1995