| Old | New | Differences | |
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| 1 | 1 | MISSISSIPPI LEGISLATURE 2025 Regular Session To: Medicaid By: Senator(s) Wiggins Senate Bill 2053 AN ACT TO REQUIRE THE DIVISION OF MEDICAID TO FIX LIQUIDATED DAMAGES PROVISIONS TO BE PAID BY PERSONS OR ENTITIES WHO SUBMIT PROPOSALS OR QUALIFICATIONS AND CHALLENGE THE DIVISION'S NEGATIVE DECISION ON A REQUEST FOR PROPOSAL; TO BRING FORWARD SECTION 31-7-417, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. The Division of Medicaid shall fix, as liquidated damages, specific sums to be paid by persons or entities who submit proposals or qualifications and challenge the division's negative decision on a request for proposal. The division shall further provide that the person or entity will pay all costs, premiums for bonds, expenses and fees in any action brought upon the division where the litigation is resolved in the division's favor. The liquidated damages provisions authorized in this section shall be valid and enforceable in the courts of law or equity of this state, and such clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties. SECTION 2. Section 31-7-417, Mississippi Code of 1972, is brought forward as follows: 31-7-417. Submitted proposals or qualifications shall be opened at the time designated for opening in the request for proposals or request for qualifications. Proposals or qualifications and modifications shall be date-stamped or time and date-stamped upon receipt and held in a secure place until the established due date. Electronic proposals or qualifications received will be stored in an electronic lockbox until the time designated for the opening of the proposal or qualification. SECTION 3. This act shall take effect and be in force from and after July 1, 2025. | |
| 2 | 2 | ||
| 3 | 3 | MISSISSIPPI LEGISLATURE | |
| 4 | 4 | ||
| 5 | 5 | 2025 Regular Session | |
| 6 | 6 | ||
| 7 | 7 | To: Medicaid | |
| 8 | 8 | ||
| 9 | 9 | By: Senator(s) Wiggins | |
| 10 | 10 | ||
| 11 | 11 | # Senate Bill 2053 | |
| 12 | 12 | ||
| 13 | 13 | AN ACT TO REQUIRE THE DIVISION OF MEDICAID TO FIX LIQUIDATED DAMAGES PROVISIONS TO BE PAID BY PERSONS OR ENTITIES WHO SUBMIT PROPOSALS OR QUALIFICATIONS AND CHALLENGE THE DIVISION'S NEGATIVE DECISION ON A REQUEST FOR PROPOSAL; TO BRING FORWARD SECTION 31-7-417, MISSISSIPPI CODE OF 1972, FOR PURPOSES OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES. | |
| 14 | 14 | ||
| 15 | 15 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: | |
| 16 | 16 | ||
| 17 | 17 | SECTION 1. The Division of Medicaid shall fix, as liquidated damages, specific sums to be paid by persons or entities who submit proposals or qualifications and challenge the division's negative decision on a request for proposal. The division shall further provide that the person or entity will pay all costs, premiums for bonds, expenses and fees in any action brought upon the division where the litigation is resolved in the division's favor. The liquidated damages provisions authorized in this section shall be valid and enforceable in the courts of law or equity of this state, and such clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties. | |
| 18 | 18 | ||
| 19 | 19 | SECTION 2. Section 31-7-417, Mississippi Code of 1972, is brought forward as follows: | |
| 20 | 20 | ||
| 21 | 21 | 31-7-417. Submitted proposals or qualifications shall be opened at the time designated for opening in the request for proposals or request for qualifications. Proposals or qualifications and modifications shall be date-stamped or time and date-stamped upon receipt and held in a secure place until the established due date. Electronic proposals or qualifications received will be stored in an electronic lockbox until the time designated for the opening of the proposal or qualification. SECTION 3. This act shall take effect and be in force from and after July 1, 2025. |