D.Snyder - May 1, 2023 - Section 43-13-117(K)

550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 May 1, 2023 Drew Snyder, Executive Director Mississippi Division of Medicaid 550 High Street, Suite 1000 Jackson, Mississippi 39201 Re: Section 43-13-117(K) Dear Director Snyder: The Office of the Attorney General has received your request for an official opinion. Question Presented Does the Division of Medicaid have the authority under Mississippi Code Annotated Section 43- 13-117(K) to diminish the liability of actuarial firms without violating Article 4, Section 100 of the Mississippi Constitution? Brief Response To the extent that your question asks us to opine on the constitutionality of Section 43-13-117, we must decline to do so. Statutes passed by the Mississippi Legislature are presumed constitutional until a court of competent jurisdiction rules otherwise. MS AG Op., Capps at *2 (Sept. 6, 1996) (citing Mississippi Power Co. v. Goudy, 459 So. 2d 257 (Miss. 1984)). As of the date of this opinion, we are not aware that any court has declared Section 43-13-117 unconstitutional. This statute remains valid until such time as a court of competent jurisdiction declares it to be unconstitutional or until it is repealed or amended by the Legislature. Applicable Law and Discussion Section 100 of the Mississippi Constitution provides: No obligation or liability of any person, association, or corporation held or owned by this state, or levee board, or any county, city, or town thereof, shall ever be remitted, released or postponed, or in any way diminished by the Legislature, nor shall such liability or obligation be extinguished except by payment thereof into the Drew Snyder, Executive Director May 1, 2023 Page 2 550 HIGH STREET • SUITE 1200 • JACKSON, MISSISSIPPI 39201 POST OFFICE BOX 220 • JACKSON, MISSISSIPPI 39205 TELEPHONE (601) 359-3680 proper treasury; nor shall such liability or obligation be exchanged or transferred except upon payment of its face value; but this shall not be construed to prevent the Legislature from providing by general law for the compromise of doubtful claims. According to Section 43-13-117(K), “In the negotiation and execution of such contracts involving services performed by actuarial firms, the Executive Director of the Division of Medicaid may negotiate a limitation on liability to the state of prospective contractors.” Section 43-13-117(K) remains valid until such time as a court of competent jurisdiction declares it to be unconstitutional or until it is repealed or amended by the Legislature. If this office may be of any further assistance to you, please do not hesitate to contact us. Sincerely, LYNN FITCH, ATTORNEY GENERAL By: /s/ Beebe Garrard Beebe Garrard Special Assistant Attorney General