Current through September 24, 2024
A. This rule sets
forth the Mississippi Division of Medicaid's rules governing the form, content,
and filing of requests for declaratory opinions, the procedural rights of
persons in relation to the written requests, and the Mississippi Division of
Medicaid's procedures regarding the disposition of requests as required by
Miss. Code Ann. §
25-43-2.103.
B. The Mississippi Division of Medicaid will
issue declaratory opinions regarding the applicability to specified facts of:
1. A statute administered or enforceable by
the Mississippi Division of Medicaid;
2. A rule promulgated by the Mississippi
Division of Medicaid; or
3. An
order issued by the Mississippi Division of Medicaid.
C. A request must be limited to a single
transaction or occurrence.
D. When
a person with substantial interest, as required by Miss. Code Ann. §
25-43-2.103,
requests a declaratory opinion, the requestor must submit a printed,
typewritten, or legibly handwritten request.
1. Each request must be submitted on 8-1/2" x
11" white paper.
2. The request may
be in the form of a letter addressed to the Executive Director of the
Mississippi Division of Medicaid or in the form of a pleading as if filed with
a court.
3. Each request must
include the full name, telephone numbers, and mailing address of the
requestor(s).
4. All requests shall
be signed by the person filing the request, unless represented by an attorney,
in which case the attorney may sign the request.
5. Each request must clearly state that it is
a request for a declaratory opinion.
E. Any party who signs the request shall
attest that the request complies with the requirements set forth in these
rules, including but not limited to a full, complete, and accurate statement of
relevant facts and that there are no related proceedings pending before any
agency, administrative, or judicial tribunal.
F. Each request must contain the following:
1. A clear identification of the statute,
rule, or order at issue;
2. The
question for the declaratory opinion;
3. A clear and concise statement of all facts
relevant to the question presented;
4. The identity of all other known persons
involved in or impacted by the facts giving rise to the request including their
relationship to the facts, and their name, mailing address, and telephone
number; and
5. A statement
sufficient to show that the requestor has a substantial interest in the subject
matter of the request.
G. The Mississippi Division of Medicaid may,
for good cause, refuse to issue a declaratory opinion. The circumstances in
which declaratory opinions will not be issued include, but are not necessarily
limited to the following:
1. The matter is
outside the primary jurisdiction of the Mississippi Division of
Medicaid;
2. There is a lack of
clarity concerning the question presented;
3. There is pending or anticipated
litigation, administrative action or anticipated administrative action, or
other adjudication which may either answer the question presented by the
request or otherwise make an answer unnecessary;
4. The statute, rule, or order on which a
declaratory opinion is sought is clear and not in need of interpretation to
answer the question presented by the request;
5. The facts presented in the request are not
sufficient to answer the question presented;
6. The request fails to contain information
required by these rules or the requestor failed to follow the procedure set
forth in these rules;
7. The
request seeks to resolve issues which have become moot or are abstract or
hypothetical such that the requestor is not substantially affected by the rule,
statute, or order on which a declaratory opinion is sought;
8. No controversy exists or is certain to
arise which raises a question concerning the application of the statute, rule,
or order;
9. The question presented
by the request concerns the legal validity of a statute, rule, or
order;
10. The request is not based
upon facts calculated to aid in the planning of future conduct, but is,
instead, based on past conduct in an effort to establish the effect of that
conduct;
11. No clear answer is
determinable;
12. The question
presented by the request involves the application of a criminal statute or sets
forth facts which may constitute a crime;
13. The answer to the question presented
would require the disclosure of information which is privileged or otherwise
protected by law from disclosure;
14. The question is currently the subject of
an Attorney General's opinion request;
15. The question has been answered by an
Attorney General's opinion;
16. One
or more requestors have standing to seek an Attorney General's opinion on the
proffered question;
17. A similar
request is pending before this agency, or any other agency, or a proceeding is
pending on the same subject matter before any agency, administrative or
judicial tribunal, or where such an opinion would constitute the unauthorized
practice of law; or
18. The
question involves eligibility for a license, permit, certificate, or other
approval by the Mississippi Division of Medicaid or some other agency and there
is a statutory or regulatory application process by which eligibility for said
license, permit, or certificate or other approval may be determined.
H. Within forty-five (45) days
after the receipt of a request for a declaratory opinion which complies with
the requirements of these rules, the Mississippi Division of Medicaid shall, in
writing:
1. Issue an opinion declaring the
applicability of the statute, rule, or order to the specified
circumstances;
2. Agree to issue a
declaratory opinion by a specified time but no later than ninety (90) days
after receipt of the written request; or
3. Decline to issue a declaratory opinion,
stating the reasons for its action.
4. The forty-five (45) day period shall begin
on the first business day after which the request is received by the
Mississippi Division of Medicaid.
I. Declaratory opinions and requests for
declaratory opinions shall be available for public inspection and copying at
the expense of the viewer during normal business hours. All declaratory opinion
and requests shall be indexed by name, subject, and date of issue. Declaratory
opinions and requests which contain information which is confidential or exempt
from disclosure under the Mississippi Public Records Act or other laws shall be
exempt from this requirement and shall remain confidential.
Miss. Code Ann.
§§
25-43-2.103;
43-13-121.
