MS Long-Term Care Ombudsman Act; create.

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To: Public Health and Human
Services
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Sanford

HOUSE BILL NO. 1074

AN ACT TO BE KNOWN AS THE BE KNOWN AS THE MISSISSIPPI LONG 1
TERM CARE OMBUDSMAN ACT; TO CREATE THE STATE LONG-TERM CARE 2
OMBUDSMAN PROGRAM IN THE DEPARTMENT OF HUMAN SERVICES, WITHIN THE 3
DIVISION OF AGING AND ADULT SERVICES; TO PROVIDE THAT THE 4
OMBUDSMAN PROGRAM SHALL BE HEADED BY THE STATE LONG-TERM CARE 5
OMBUDSMAN, WHO SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR OF 6
HUMAN SERVICES; TO PROVIDE THAT THE DIVISION OF AGING AND ADULT 7
SERVICES SHALL HAVE A DESIGNATED LEGAL COUNSEL TO ADVISE, ASSIST 8
AND AID THE STATE OMBUDSMAN; TO PRESCRIBE PURPOSE OF THE OMBUDSMAN 9
PROGRAM; TO SPECIFY THE DUTIES AND AUTHORITY OF THE STATE 10
LONG-TERM CARE OMBUDSMAN; TO REQUIRE THE STATE OMBUDSMAN TO 11
DESIGNATE DISTRICTS TO CARRY OUT THE DUTIES OF THE OMBUDSMAN 12
PROGRAM WITHIN LOCAL COMMUNITIES; TO PROVIDE FOR THE APPOINTMENT 13
OF REPRESENTATIVES OF THE OMBUDSMAN PROGRAM AND PRESCRIBE THEIR 14
DUTIES; TO REQUIRE THE DEPARTMENT TO ADOPT STATE AND LOCAL 15
COMPLAINT PROCEDURES; TO PROVIDE FOR INVESTIGATIONS BY 16
REPRESENTATIVES OF THE OMBUDSMAN PROGRAM AND ONSITE FACILITY 17
VISITS; TO PROVIDE FOR COMPLAINT NOTIFICATION AND RESOLUTION 18
PROCEDURES; TO PROVIDE THAT CERTAIN INFORMATION AND RECORDS OF THE 19
OMBUDSMAN ARE CONFIDENTIAL; TO PROVIDE UPON ADMISSION TO A 20
LONG-TERM CARE FACILITY, EACH RESIDENT OR REPRESENTATIVE OF A 21
RESIDENT MUST RECEIVE INFORMATION REGARDING THE OMBUDSMAN PROGRAM; 22
TO PROVIDE IMMUNITY FOR ANY PERSON MAKING A COMPLAINT PURSUANT TO 23
THIS ACT IN GOOD FAITH; TO PROHIBIT RETALIATION AGAINST A PERSON 24
FOR FILING A COMPLAINT WITH, PROVIDING INFORMATION TO, OR 25
OTHERWISE COOPERATING WITH ANY REPRESENTATIVE OF THE OMBUDSMAN 26
PROGRAM; TO REQUIRE THE STATE OMBUDSMAN TO ENSURE THAT APPROPRIATE 27
TRAINING IS PROVIDED TO ALL REPRESENTATIVES OF THE STATE OMBUDSMAN 28
PROGRAM; TO AMEND SECTIONS 43-47-7 AND 43-47-37, MISSISSIPPI CODE 29
OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO REPEAL 30
SECTIONS 43-7-51 THROUGH 43-7-79, MISSISSIPPI CODE OF 1972, WHICH 31
ARE THE LONG-TERM CARE FACILITIES OMBUDSMAN ACT; AND FOR RELATED 32
PURPOSES. 33
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 34
SECTION 1. Short title. This chapter shall be known as and 35
may be cited as the "Mississippi Long-Term Care Ombudsman Act". 36
SECTION 2. Legislative purpose. (1) In accordance with the 37
Older Americans Act, the state must establish and operate an 38
Office of State Long-Term Care Ombudsman, to be headed by the 39
State Long-Term Care Ombudsman, and carry out a long-term care 40
ombudsman program. 41
(2) It is the purpose of this chapter, under the leadership 42
of the State Long-Term Care Ombudsman, to operate a state 43
ombudsman program, which shall, without interference by any 44
executive agency, undertake to discover, investigate and determine 45
the presence of conditions or individuals that constitute a threat 46
to the rights, health, safety or welfare of the residents of 47
long-term care facilities. The State Long-Term Care Ombudsman 48
Program shall further enforce laws, rules and regulations that 49
safeguard the health, safety, and welfare of residents. 50
SECTION 3. Definitions. For the purposes of this chapter, 51
the following words shall have the meanings as defined in this 52
section, unless the context otherwise requires: 53
(a) "Administrator" means any person with the general 54
administration or supervision of a long-term care facility without 55
regard to whether the person has ownership interest in the 56
facility or to whether the person's function and duties are shared 57
with one or more other persons. 58
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(b) "Department" means the Mississippi Department of 59
Human Services. 60
(c) "District" means a geographical area designated by 61
the state ombudsman in which individuals certified as ombudsmen 62
carry out the duties of the State Long-Term Care Ombudsman 63
Program. 64
(d) "Division" means the Division of Aging and Adult 65
Services of the Department of Human Services. 66
(e) "Division Director" means the Division Director of 67
Aging and Adult Services of the Department of Human Services. 68
(f) "Executive Director" means the Executive Director 69
of Human Services. 70
(g) "Facility visit" means a review of conditions in a 71
long-term care facility that impact the rights, health, safety and 72
welfare of residents with the purpose of noting needed improvement 73
and making recommendations to enhance the quality of life for 74
residents. 75
(h) "Family council" means a group of residents' family 76
members that meets regularly to discuss and offer suggestions 77
about facility policies and procedures affecting residents' care, 78
treatment, and quality of life, support each other, plan resident 79
and family activities, participate in educational activities, or 80
for any other purpose. 81
(i) "Resident council" means a group of residents that 82
meets regularly to discuss and offer suggestions about facility 83
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policies and procedures affecting residents' care, treatment, and 84
quality of life, support each other, plan resident and family 85
activities, participate in educational activities, or for any 86
other purpose. 87
(j) "Long-term care facility" means any skilled nursing 88
facility, extended care home, intermediate care facility, personal 89
care home or boarding home that is subject to licensure by the 90
State Department of Health. 91
(k) "Office" means the Office of the State Long-Term 92
Care Ombudsman Program created by this chapter. 93
(l) "Ombudsman" means an individual who has been 94
certified by the state ombudsman and meets the requirements 95
prescribed by this chapter. 96
(m) "Representative of the State Long-Term Care 97
Ombudsman Program" means the state ombudsman, deputy state 98
ombudsman, or individual designated to carry out the duties of the 99
Office of the State Long-Term Care Ombudsman. "Local ombudsman" 100
means the same as "representative of the State Long-Term Care 101
Ombudsman Program". 102
(n) "Resident" means an individual who resides in a 103
long-term care facility. 104
(o) "Resident representative" means any of the 105
following: 106
(i) An individual chosen by the resident to act on 107
behalf of the resident in order to support the resident in 108
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decision-making; access the resident's medical, social, or other 109
personal information; manage the resident's financial matters; or 110
receive notifications pertaining to the resident; 111
(ii) A person authorized by state or federal law 112
(including, but not limited to, agents under power of attorney, 113
representative payees, and other fiduciaries) to act on behalf of 114
the resident to support the resident in decision-making; access 115
the resident's medical, social or other personal information; 116
manage the resident's financial matters; or receive notifications 117
pertaining to the resident; 118
(iii) Legal representative, as used in Section 712 119
of the Older Americans Act of 1965, as amended (42 USC Section 120
3058g); or 121
(iv) The court-appointed guardian or conservator 122
of a resident. 123
Nothing in this chapter is intended to expand the scope of 124
authority of any resident representative beyond that authority 125
specifically authorized by the resident, state or federal law, or 126
a court of competent jurisdiction. 127
(p) "State ombudsman" means the State Long-Term Care 128
Ombudsman, who is the individual appointed by the Executive 129
Director of Human Services to head the State Long-Term Care 130
Ombudsman Program. 131
(q) "State ombudsman program" means the State Long-Term 132
Care Ombudsman Program, through which the functions and duties of 133
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the program as described further in this chapter are carried out, 134
operating under the direction of the State Long-Term Care 135
Ombudsman. 136
SECTION 4. Establishment of the State Long-Term Care 137
Ombudsman Program; designation of ombudsman and legal counsel. 138
(1) There is created the State Long-Term Care Ombudsman Program 139
in the Mississippi Department of Human Services. The State 140
Long-Term Care Ombudsman Program shall be located within the 141
Department in the Division of Aging and Adult Services. 142
(2) (a) The State Long-Term Care Ombudsman Program shall be 143
headed by the State Long-Term Care Ombudsman, who shall serve on a 144
full-time basis and shall personally, or through representatives 145
of the program, carry out its purposes and functions in accordance 146
with state and federal law. 147
(b) The state ombudsman shall be appointed by and shall 148
serve at the pleasure of the Executive Director of Human Services. 149
The executive director shall appoint a person who has expertise 150
and experience in the fields of long-term care and advocacy to 151
serve as state ombudsman. 152
(3) The Division of Aging and Adult Services shall have a 153
designated legal counsel, who shall advise, assist and aid the 154
state ombudsman and shall be a member in good standing of The 155
Mississippi Bar. The duties of the legal counsel shall include, 156
but not be limited to: 157
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(a) Assisting the state ombudsman in carrying out the 158
duties of the Office of the State Long-Term Care Ombudsman Program 159
with respect to the health, safety, welfare or violation of rights 160
of residents of long-term care facilities; 161
(b) Assisting the representatives of the State 162
Long-Term Care Ombudsman Program in carrying out their 163
responsibilities under this chapter; 164
(c) Pursuing or assisting in the pursuit of 165
administrative, legal and other appropriate remedies on behalf of 166
the office and its representatives; and 167
(d) Serving or assisting as legal counsel to the 168
representatives of the State Long-Term Care Ombudsman Program in 169
any suit or other legal action that is initiated in connection 170
with the performance of the official duties of the representatives 171
of the State Long-Term Care Ombudsman Program. 172
SECTION 5. State Long-Term Care Ombudsman Program; duties 173
and responsibilities. (1) The purpose of the State Long-Term 174
Care Ombudsman Program is to: 175
(a) Identify, investigate, and resolve complaints made 176
by or on behalf of residents of long-term care facilities relating 177
to actions or omissions by providers or representatives of 178
providers of long-term care services, other public or private 179
agencies, guardians or representative payees that may adversely 180
affect the health, safety, welfare or rights of the residents; 181
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(b) Provide services that assist in protecting the 182
health, safety, welfare and rights of residents; 183
(c) Inform residents, their representatives and other 184
citizens about obtaining the services of the state ombudsman 185
program and its representatives. 186
(d) Ensure that residents have regular and timely 187
access to the services provided through the state ombudsman 188
program and that residents and complainants receive timely 189
responses from representatives of the state ombudsman program to 190
their complaints; 191
(e) Represent the interests of residents before 192
governmental agencies, assure that individual residents have 193
access to and are able to pursue (as the ombudsman determines as 194
necessary and consistent with resident interests) administrative, 195
legal, and other remedies to protect the health, safety, welfare 196
and rights of the residents; 197
(f) Analyze, comment on, and monitor the development 198
and implementation of federal, state and local laws, rules, and 199
regulations, and other governmental policies and actions, that 200
pertain to the health, safety, welfare and rights of the 201
residents, with respect to the adequacy of long-term care 202
facilities and services in the state, and recommend any changes in 203
such laws, rules, regulations, policies and actions as the office 204
determines to be appropriate and necessary; and 205
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(g) Provide technical support for the development of 206
resident and family councils to protect the well-being and rights 207
of residents. 208
(2) The State Long-Term Care Ombudsman has the duty and 209
authority to: 210
(a) Establish and coordinate districts throughout the 211
state; 212
(b) Perform the duties specified in state and federal 213
law, rules and regulations; 214
(c) Within the limits of appropriated federal and state 215
funding, employ such personnel as necessary to perform adequately 216
the functions of the office. Staff positions established for the 217
purpose of coordinating the activities of each local council and 218
assisting its members may be filled by the ombudsman upon approval 219
by the division director. Notwithstanding any other provision of 220
this chapter, upon certification by the ombudsman that the staff 221
member hired to fill any such position has completed the initial 222
training required, such person shall be considered a 223
representative of the State Long-Term Care Ombudsman Program for 224
purposes of this chapter; 225
(d) Contract for services necessary to carry out the 226
activities of the office; 227
(e) Apply for, receive, and accept grants, gifts or 228
other payments, including, but not limited to, real property, 229
personal property, and services from a governmental entity or 230
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other public or private entity or person, and make arrangements 231
for the use of such grants, gifts or payments; 232
(f) Coordinate, to the greatest extent possible, state 233
and local ombudsman services with the protection and advocacy 234
systems for individuals with developmental disabilities and mental 235
illnesses and with legal assistance programs for the poor through 236
adoption of memoranda of understanding and other means; and 237
(g) Prepare an annual report, no later than February 238
15, describing the activities carried out by the office and the 239
districts in the year for which the report is prepared. The state 240
ombudsman shall submit the report to the division director, the 241
Governor, the Lieutenant Governor, the Office of the Attorney 242
General Medicaid Fraud Control Unit, and the State Department of 243
Health. The report must, at a minimum: 244
(i) Contain and analyze data collected concerning 245
complaints about and conditions in long-term care facilities and 246
the disposition of such complaints; 247
(ii) Evaluate the problems experienced by 248
residents; 249
(iii) Analyze the successes of the state ombudsman 250
program during the preceding year, including an assessment of how 251
successfully the program has carried out its responsibilities 252
under the Older Americans Act; 253
(iv) Provide recommendations for policy, 254
regulatory and statutory changes designed to solve identified 255
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problems; resolve residents' complaints; improve residents' lives 256
and quality of care; protect residents' rights, health, safety and 257
welfare; and remove any barriers to the optimal operation of the 258
state ombudsman program; 259
(v) Contain recommendations from the State Long-Term 260
Care Ombudsman Council regarding program functions and activities 261
and recommendations for policy, regulatory and statutory changes 262
designed to protect residents' rights, health, safety and welfare; 263
and 264
(vi) Contain any relevant recommendations from the 265
representatives of the State Long-Term Care Ombudsman Program 266
regarding program functions and activities. 267
SECTION 6. Long-term care ombudsman districts; 268
representatives of the State Long-Term Care Ombudsman Program; 269
duties; appointment. (1) (a) The state ombudsman shall 270
designate districts to carry out the duties of the state ombudsman 271
program within local communities. Each district shall function 272
under the direction of the state ombudsman. 273
(b) The state ombudsman shall ensure that there is at 274
least one (1) individual certified by the department as a 275
long-term care ombudsman operating in each district. The state 276
ombudsman shall ensure that residents throughout the state have 277
adequate access to state ombudsman program services. 278
(c) Each district shall convene a public meeting at 279
least quarterly. 280
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(2) The duties of the representatives of the State Long-Term 281
Care Ombudsman Program are to: 282
(a) Provide services to assist in protecting the 283
health, safety, welfare and rights of residents; 284
(b) Identify, investigate and resolve complaints made 285
by or on behalf of residents relating to actions or omissions by 286
providers of long-term care services, other public agencies, 287
guardians, or representative payees that may adversely affect the 288
health, safety, welfare or rights of residents; 289
(c) Review and, if necessary, comment on all existing 290
or proposed rules, regulations and other governmental policies and 291
actions relating to long-term care facilities that may potentially 292
have an effect on the health, safety, welfare, and rights of 293
residents; 294
(d) Seek administrative, legal and other remedies to 295
protect the health, safety, welfare and rights of residents; 296
(e) Provide technical assistance for the development of 297
resident and family councils at long-term care facilities; and 298
(f) Carry out other activities that the state ombudsman 299
determines to be appropriate. 300
(3) In order to carry out the duties specified in subsection 301
(2) of this section, a representative of the State Long-Term Care 302
Ombudsman Program is authorized to enter any long-term care 303
facility without notice or first obtaining a warrant; however, 304
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Section 11 of this act may apply regarding notice of a follow up 305
facility visit. 306
(4) (a) Each district shall be composed of ombudsmen whose 307
primary residences are located within the boundaries of the 308
district. Upon good cause shown, the state ombudsman may appoint 309
an ombudsman to another district. 310
(b) The following individuals may not be appointed as 311
ombudsmen: 312
(i) The owner or representative of a long-term 313
care facility; 314
(ii) A provider or representative of a provider of 315
long-term care service; 316
(iii) An employee of the State Department of 317
Health; 318
(iv) An individual who is employed in the Adult 319
Protective Services Program; 320
(v) An employee of the Division of Medicaid; or 321
(vi) An individual who provides guardianship, 322
conservatorship or other fiduciary or surrogate decision-making 323
services for residents of long-term care facilities. 324
(c) To be appointed as an ombudsman, an individual 325
must: 326
(i) Submit an application to the state ombudsman 327
or his or her designee; and 328
(ii) Successfully complete a background screening. 329
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(c) The state ombudsman shall approve or deny the 330
appointment of the individual as an ombudsman. If the state 331
ombudsman rescinds the approval of an ombudsman, the state 332
ombudsman shall ensure that the individual may no longer represent 333
the state ombudsman program until the state ombudsman provides his 334
or her approval. 335
(d) Upon appointment as an ombudsman, the individual 336
may participate in district activities but may not represent the 337
state ombudsman program or conduct any authorized program duties 338
until the individual has completed the initial training and has 339
been certified by the state ombudsman. 340
(e) The state ombudsman may rescind the appointment of 341
an individual as an ombudsman for good cause shown, such as 342
development of a conflict of interest, failure to adhere to the 343
policies and procedures established by the state ombudsman 344
program, or demonstrated inability to carry out the 345
responsibilities of the program. After the appointment is 346
rescinded, the individual may not conduct any duties as an 347
ombudsman and may not represent the state ombudsman program. 348
(5) A representative of the State Long-Term Care Ombudsman 349
Program may call upon appropriate state agencies for professional 350
assistance as needed in the discharge of his or her duties, and 351
such state agencies shall cooperate in providing requested 352
information and agency representation. 353
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SECTION 7. Exception of state mandated reporter 354
requirements. The state ombudsman and representatives of the 355
State Long-Term Care Ombudsman Program shall not be mandated 356
reporters as defined by Sections 43-47-7 and 43-47-37 or other 357
laws of this state, and are exempt from mandatory reporting 358
requirements regarding abuse, neglect, or exploitation that would 359
be made to adult protective services or any other entity, 360
long-term care facility, or other concerned persons, including 361
when such reporting would disclose identifying information of a 362
complaint or resident without appropriate consent or court order, 363
except as provided: 364
(a) If a resident is unable to communicate their 365
informed consent, or perspective on the extent to which the matter 366
has been satisfactorily resolved, the state ombudsman or 367
representative of the State Long-Term Care Ombudsman Program may 368
rely on the communication by a resident representative of informed 369
consent and/or perspective regarding the resolution of the 370
complaint if the state ombudsman or representative of the State 371
Long-Term Care Ombudsman Program has no reasonable cause to 372
believe that the resident representative is not acting in the best 373
interests of the resident. 374
(b) The state ombudsman or representative of the State 375
Long-Term Care Ombudsman Program may refer the matter and disclose 376
resident-identifying information to the appropriate agency or 377
agencies for regulatory oversight; protective services; access to 378
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administrative, legal or other remedies; and/or law enforcement 379
action in the following circumstances: 380
(i) The resident is unable to communicate informed 381
consent to state ombudsman or representative of the State 382
Long-Term Care Ombudsman Program; 383
(ii) The resident has no resident representative; 384
(iii) The state ombudsman or representative of the 385
State Long-Term Care Ombudsman Program has reasonable cause to 386
believe that an action, inaction or decision may adversely affect 387
the health, safety, welfare or rights of the resident; 388
(iv) The state ombudsman or representative of the 389
State Long-Term Care Ombudsman Program has no evidence indicating 390
that the resident would not wish a referral to be made; 391
(v) The state ombudsman or representative of the 392
State Long-Term Care Ombudsman Program has reasonable cause to 393
believe that it is in the best interest of the resident to make a 394
referral; and/or 395
(vi) The representative of the State Long-Term 396
Care Ombudsman Program obtains the approval of the state ombudsman 397
or otherwise follows the policies and procedures of the office. 398
(c) (i) If the state ombudsman or representative of 399
the State Long-Term Care Ombudsman Program personally witnesses 400
suspected abuse, gross neglect or exploitation of a resident, the 401
ombudsman or representative of the office shall seek communication 402
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of informed consent from such resident to disclose 403
resident-identifying information to appropriate agencies. 404
(ii) Where such resident can communicate informed 405
consent, or has a resident representative available to provide 406
informed consent, the state ombudsman or representative of the 407
State Long-Term Care Ombudsman Program shall follow the direction 408
of the resident or resident representative. 409
(iii) Where the resident is unable to communicate 410
informed consent, and has no resident representative available to 411
provide informed consent, the state ombudsman or representative of 412
the State Long-Term Care Ombudsman Program shall open a case with 413
the state ombudsman or representative of the State Long-Term Care 414
Ombudsman Program as the complainant, follow the office's 415
complaint resolution procedures, and shall refer the matter and 416
disclose identifying information of the resident to the management 417
of the facility in which the resident resides and/or to the 418
appropriate agency or agencies for substantiation of abuse, gross 419
neglect or exploitation in the following circumstances: 420
1. The state ombudsman or representative of 421
the State Long-Term Care Ombudsman Program has no evidence 422
indicating that the resident would not wish a referral to be made; 423
2. The state ombudsman or representative of 424
the State Long-Term Care Ombudsman Program has reasonable cause to 425
believe that disclosure would be in the best interest of the 426
resident; and 427
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3. The representative of the State Long-Term 428
Care Ombudsman Program obtains the approval of the state ombudsman 429
or otherwise follows the policies and procedures of the office. 430
(iv) In addition, the state ombudsman or 431
representative of the State Long-Term Care Ombudsman Program, 432
following the policies and procedures of the office may report the 433
suspected abuse, gross neglect or exploitation to other 434
appropriate agencies for regulatory oversight; protective 435
services; access to administrative, legal, or other remedies; 436
and/or law enforcement action. 437
SECTION 8. Conflicts of interest. (1) A representative of 438
the State Long-Term Care Ombudsman Program may not: 439
(a) Have a direct involvement in the licensing or 440
certification of, or an ownership or investment interest in, a 441
long-term care facility or a provider of a long-term care service; 442
(b) Be employed by, or participate in the management 443
of, a long-term care facility; or 444
(c) Receive, or have a right to receive, directly or 445
indirectly, remuneration, in cash or in kind, under a compensation 446
agreement with the owner or operator of a long-term care facility. 447
(2) Each representative of the State Long-Term Care 448
Ombudsman Program shall certify, before appointment, that he or 449
she does not have a conflict of interest, and shall submit a 450
certification at the end of each calendar year. 451
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(3) The department, in consultation with the state 452
ombudsman, shall define by rule: 453
(a) Situations that constitute a conflict of interest 454
that could materially affect the objectivity or capacity of an 455
individual to serve as a representative of the State Long-Term 456
Care Ombudsman Program while carrying out the purposes of the 457
state ombudsman program as specified in this section; 458
(b) The procedure by which an individual must certify 459
that he or she does not have a conflict of interest; and 460
(c) The regularity with which an individual must update 461
or file an annual certificate. 462
SECTION 9. State Long-Term Care Ombudsman Program complaint 463
procedures. The department, in consultation with the state 464
ombudsman, shall adopt rules implementing state and local 465
complaint procedures. The rules must include procedures for 466
receiving, investigating, identifying, and resolving complaints 467
concerning the health, safety, welfare, and rights of residents. 468
SECTION 10. Ombudsman investigations. (1) A representative 469
of the State Long-Term Care Ombudsman Program shall identify and 470
investigate, within a reasonable time after a complaint is made, 471
by or on behalf of a resident relating to actions or omissions by 472
providers or representatives of providers of long-term care 473
services, other public agencies, guardians, or representative 474
payees that may adversely affect the health, safety, welfare or 475
rights of residents. 476
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(2) If a representative of the State Long-Term Care 477
Ombudsman Program is not allowed to enter a long-term care 478
facility, the administrator of the facility shall be considered to 479
have interfered with a representative of the State Long-Term Care 480
Ombudsman Program in the performance of official duties as 481
described in this chapter, and to have violated this section. The 482
representative of the State Long-Term Care Ombudsman Program shall 483
report a facility's refusal to allow entry to the state ombudsman 484
or his or her designee, who shall report the incident to the State 485
Department of Health. 486
SECTION 11. Local ombudsman onsite facility visits. (1) 487
(a) A representative of the State Long-Term Care Ombudsman 488
Program shall conduct, at least annually, an onsite facility visit 489
of each nursing home, assisted living facility, and adult 490
family-care home. This facility visit must be comprehensive in 491
nature, must be resident-centered, and must focus on factors 492
affecting residents' rights, health, safety and welfare. 493
(b) To the extent possible and reasonable, the facility 494
visit may not duplicate the efforts of surveys and inspections of 495
long-term care facilities conducted by state agencies. 496
(c) A facility visit shall be conducted at a time and 497
for a duration necessary to produce the information required to 498
complete the assessment. 499
(d) Advance notice of a facility visit may not be 500
provided to a long-term care facility. 501
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(e) A representative of the State Long-Term Care 502
Ombudsman Program present for the facility visit must identify 503
himself or herself to the administrator of the facility or his or 504
her designee. 505
(f) A facility visit may not unreasonably interfere 506
with the programs and activities of residents. 507
(g) A representative of the State Long-Term Care 508
Ombudsman Program may not enter a single-family residential unit 509
within a long-term care facility during a facility visit without 510
the permission of the resident or the representative of the 511
resident. 512
(h) A facility visit must be conducted in a manner that 513
does not impose an unreasonable burden on a long-term care 514
facility. 515
(i) Upon completion of a facility visit, an exit 516
consultation must be conducted with the facility administrator or 517
a designee representing the facility to discuss issues and 518
concerns in areas affecting residents' rights, health, safety and 519
welfare and, if needed, make recommendations for improvement. 520
(2) An onsite facility visit may not be accomplished by 521
forcible entry. However, if a representative of the State 522
Long-Term Care Ombudsman Program is not allowed to enter a 523
long-term care facility, the administrator of the facility shall 524
be considered to have interfered with a representative of the 525
State Long-Term Care Ombudsman Program in the performance of 526
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official duties as described in this chapter and to have committed 527
a violation of this section. The representative of the State 528
Long-Term Care Ombudsman Program shall report the refusal by a 529
facility to allow entry to the state ombudsman or his or her 530
designee, who shall report the incident to the State Department of 531
Health. 532
(3) The department, in consultation with the state 533
ombudsman, may adopt rules implementing procedures for conducting 534
onsite facility visits of long-term care facilities. 535
SECTION 12. Complaint notification and resolution 536
procedures. (1) Any complaint verified by a representative of 537
the State Long-Term Care Ombudsman Program as a result of an 538
investigation that is determined to require remedial action may be 539
identified and brought to the attention of the long-term care 540
facility administrator subject to the confidentiality provisions 541
of this chapter. Upon receipt of the information, the 542
administrator, with the concurrence of the representative of the 543
State Long-Term Care Ombudsman Program, shall establish target 544
dates for taking appropriate remedial action. If, by the target 545
date, the remedial action is not completed or forthcoming, the 546
representative of the State Long-Term Care Ombudsman Program may 547
extend the target date if there is reason to believe such action 548
would facilitate the resolution of the complaint, or the 549
representative of the State Long-Term Care Ombudsman Program may 550
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refer the complaint to the state ombudsman, who may refer the 551
complaint to the State Department of Health. 552
(2) If the representative of the State Long-Term Care 553
Ombudsman Program determines that the health, safety, welfare or 554
rights of a resident are in imminent danger, the representative of 555
the State Long-Term Care Ombudsman Program must immediately notify 556
the State Department of Health and the state ombudsman. 557
SECTION 13. Confidentiality. (1) The following are 558
confidential: 559
(a) Resident records held by the ombudsman or by the 560
state or a local ombudsman council; and 561
(b) The names or identities of the complainants or 562
residents involved in a complaint, including any problem 563
identified by an ombudsman council as a result of an 564
investigation, unless: 565
(i) The complainant or resident, or the legal 566
representative of the complainant or resident, consents to the 567
disclosure in writing; 568
(ii) The complainant or resident consents orally 569
and the consent is documented contemporaneously in writing by the 570
ombudsman council requesting such consent; or 571
(iii) The disclosure is required by court order. 572
(2) Members of any state or local ombudsman council shall 573
not be required to testify in any court with respect to matters 574
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held to be confidential except as may be necessary to enforce the 575
provisions of this chapter. 576
(3) Subject to the provisions of this section, the office 577
shall adopt rules for the disclosure by the ombudsman of files 578
maintained by the program. 579
(4) This section does not limit the subpoena power of the 580
Office of the Attorney General. 581
SECTION 14. Citizen access to State Long-Term Care Ombudsman 582
Program services. (1) The office shall establish a statewide 583
toll-free telephone number and email address for receiving 584
complaints concerning matters adversely affecting the health, 585
safety, welfare, or rights of residents. 586
(2) Upon admission to a long-term care facility, each 587
resident or representative of a resident must receive information 588
regarding: 589
(a) The purpose of the state ombudsman program; 590
(b) The statewide toll-free telephone number and email 591
address for receiving complaints; 592
(c) Information that retaliatory action cannot be taken 593
against a resident for presenting grievances or for exercising any 594
other resident right; and 595
(d) Other relevant information regarding how to contact 596
representatives of the State Long-Term Care Ombudsman Program. 597
(3) Each resident or his or her representative must be 598
furnished additional copies of this information upon request. 599
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SECTION 15. Immunity. (1) Any person making a complaint 600
pursuant to this chapter who does so in good faith shall be immune 601
from any liability, civil or criminal, that otherwise might be 602
incurred or imposed as a direct or indirect result of making the 603
complaint. 604
(2) Representatives of the State Long-Term Care Ombudsman 605
Program are immune from any liability, civil or criminal, that 606
otherwise might be incurred or imposed during the good faith 607
performance of official duties. 608
SECTION 16. Access to facilities, residents, and records. 609
(1) A long-term care facility shall provide representatives of 610
the State Long-Term Care Ombudsman Program with access to: 611
(a) The long-term care facility and its residents; 612
(b) Where appropriate, medical and social records of a 613
resident for review if: 614
(i) The representative of the State Long-Term Care 615
Ombudsman Program has the permission of the resident or the legal 616
representative of the resident; or 617
(ii) The resident is unable to consent to the 618
review and does not have a legal representative; 619
(c) Medical and social records of a resident as 620
necessary to investigate a complaint, if: 621
(i) A legal representative or guardian of the 622
resident refuses to give permission; 623
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(ii) The representative of the State Long-Term 624
Care Ombudsman Program has reasonable cause to believe that the 625
legal representative or guardian is not acting in the best 626
interests of the resident; and 627
(iii) The representative of the State Long-Term 628
Care Ombudsman Program obtains the approval of the state 629
ombudsman; 630
(d) Administrative records, policies, and documents to 631
which residents or the general public have access; and 632
(e) Upon request, copies of all licensing and 633
certification records maintained by the state with respect to a 634
long-term care facility. 635
(2) The department, in consultation with the state 636
ombudsman, may adopt rules to establish procedures to ensure 637
access to facilities, residents, and records as described in this 638
section. 639
SECTION 17. Interference; retaliation; penalties. (1) A 640
person, long-term care facility, or other entity may not willfully 641
interfere with a representative of the State Long-Term Care 642
Ombudsman Program in the performance of official duties. 643
(2) A person, long-term care facility, or other entity may 644
not knowingly or willfully take action or retaliate against any 645
resident, employee, or other person for filing a complaint with, 646
providing information to, or otherwise cooperating with any 647
representative of the State Long-Term Care Ombudsman Program. 648
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(3) A person, long-term care facility, or other entity that 649
violates this section: 650
(a) Is liable for damages and equitable relief as 651
determined by law; and 652
(b) Is guilty of a misdemeanor and, upon conviction, 653
shall be punished by a fine not exceeding Five Thousand Dollars 654
($5,000.00), or by imprisonment in the county jail for not more 655
than six (6) months, or both such fine and imprisonment. 656
SECTION 18. Department oversight; funding. (1) (a) The 657
department shall meet the costs associated with the state 658
ombudsman program from funds appropriated to the department by the 659
Legislature. 660
(b) The department shall include the costs associated 661
with support of the state ombudsman program when developing its 662
budget requests for consideration by the Governor and for 663
submission to and consideration by the Legislature. 664
(c) The department may divert from the federal 665
ombudsman appropriation an amount equal to the department's 666
administrative cost ratio to cover the costs associated with 667
administering the state ombudsman program. The remaining 668
allotment from the Older Americans Act program shall be expended 669
on direct ombudsman activities. 670
(2) The department shall monitor the state ombudsman program 671
and its representatives to ensure the office is carrying out the 672
duties delegated to it by state and federal law. 673
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(3) The department is responsible for ensuring that the 674
state ombudsman program: 675
(a) Has the objectivity and independence required to 676
qualify it for funding under the federal Older Americans Act; 677
(b) Provides information to public and private 678
agencies, legislators and others; 679
(c) Provides appropriate training to representatives of 680
the State Long-Term Care Ombudsman Program; and 681
(d) Coordinates ombudsman services with the Division of 682
Aging and Adult Services, area agencies on aging, and with 683
providers of legal services to residents of long-term care 684
facilities in compliance with state and federal laws. 685
(3) The department shall also: 686
(a) Receive and disburse state and federal funds for 687
purposes that the state ombudsman has formulated in accordance 688
with the Older Americans Act; and 689
(b) Whenever necessary, act as liaison between agencies 690
and branches of the federal and state governments and the state 691
ombudsman program. 692
SECTION 19. Complaint data reports. The State ombudsman 693
program shall maintain a statewide uniform reporting system to 694
collect and analyze data relating to complaints and conditions in 695
long-term care facilities and to residents for the purpose of 696
identifying and resolving complaints. Information pertaining to 697
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the number and types of complaints received by the state ombudsman 698
program shall be published annually. 699
SECTION 20. Training. (1) The state ombudsman shall ensure 700
that appropriate training is provided to all representatives of 701
the State Long-Term Care Ombudsman Program. 702
(2) All representatives of the State Long-Term Care 703
Ombudsman Program shall be given a minimum of thirty-six (36) 704
hours of training upon employment with the State Long-Term Care 705
Ombudsman Program or appointment as an ombudsman, which shall be 706
determined by the State Long-Term Care Ombudsman. All 707
representatives of the State Long-Term Care Ombudsman Program 708
shall complete at a minimum eighteen (18) hours of training in the 709
form of continuing education on an annual basis thereafter. 710
(3) The state ombudsman shall approve the curriculum for the 711
initial and continuing education training, which must, at a 712
minimum, address: 713
(a) Resident confidentiality; 714
(b) Guardianships and powers of attorney; 715
(c) Medication administration; 716
(d) Care and medication of residents with dementia and 717
Alzheimer's disease; 718
(e) Accounting for residents' funds; 719
(f) Discharge rights and responsibilities; 720
(g) Cultural sensitivity; and 721
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(h) Any other topic related to residency in a long-term 722
care facility. 723
(4) An individual other than the state ombudsman may not 724
hold himself or herself out as a representative of the State 725
Long-Term Care Ombudsman Program or conduct any authorized program 726
duty described in this chapter unless the individual has received 727
the training required by this section and has been certified by 728
the state ombudsman as qualified to carry out ombudsman activities 729
on behalf of the office or the state or local councils. All local 730
ombudsmen are the employees of the area agencies on aging; they 731
are not employees of the Mississippi Department of Human Services. 732
SECTION 21. Section 43-47-7, Mississippi Code of 1972, is 733
amended as follows: 734
43-47-7. (1) (a) Except as otherwise provided by Section 735
43-47-37 for vulnerable persons in care facilities and by 736
Section * * * 7 of this act for the State Ombudsman Program, any 737
person including, but not limited to, the following, who knows or 738
suspects that a vulnerable person has been or is being abused, 739
neglected or exploited shall immediately report such knowledge or 740
suspicion to the Department of Human Services or to the county 741
department of human services where the vulnerable person is 742
located. If the vulnerable person is a minor, then such report 743
may be made to the Department of Child Protection Services: 744
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(i) Attorney, physician, osteopathic physician, 745
medical examiner, chiropractor or nurse engaged in the admission, 746
examination, care or treatment of vulnerable persons; 747
(ii) Health professional or mental health 748
professional other than one listed in subparagraph (i); 749
(iii) Practitioner who relies solely on spiritual 750
means for healing; 751
(iv) Social worker, family protection worker, 752
family protection specialist or other professional care, 753
residential or institutional staff; 754
(v) State, county or municipal criminal justice 755
employee or law enforcement officer; 756
(vi) Human rights advocacy committee or long-term 757
care ombudsman council member; or 758
(vii) Accountant, stockbroker, financial advisor 759
or consultant, insurance agent or consultant, investment advisor 760
or consultant, financial planner, or any officer or employee of a 761
bank, savings and loan, credit union or any other financial 762
service provider. 763
(b) To the extent possible, a report made pursuant to 764
paragraph (a) must contain, but need not be limited to, the 765
following information: 766
(i) Name, age, race, sex, physical description and 767
location of each vulnerable person alleged to have been abused, 768
neglected or exploited * * *; 769
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(ii) Names, addresses and telephone numbers of the 770
vulnerable person's family members * * *; 771
(iii) Name, address and telephone number of each 772
alleged perpetrator * * *; 773
(iv) Name, address and telephone number of the 774
caregiver of the vulnerable person, if different from the alleged 775
perpetrator * * *; 776
(v) Description of the neglect, exploitation, 777
physical or psychological injuries sustained * * *; 778
(vi) Actions taken by the reporter, if any, such 779
as notification of the criminal justice agency * * *; and 780
(vii) Any other information available to the 781
reporting person which may establish the cause of abuse, neglect 782
or exploitation that occurred or is occurring. 783
In addition to the above, any person or entity holding or 784
required to hold a license as specified in Title 73, Professions 785
and Vocations, Mississippi Code of 1972, shall be required to give 786
his, her or its name, address and telephone number in the report 787
of the alleged abuse, neglect or exploitation. 788
(c) The department, or its designees, shall report to 789
an appropriate criminal investigative or prosecutive authority any 790
person required by this section to report or who fails to comply 791
with this section. A person who fails to make a report as 792
required under this subsection or who, because of the 793
circumstances, should have known or suspected beyond a reasonable 794
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doubt that a vulnerable person suffers from exploitation, abuse, 795
neglect or self-neglect but who knowingly fails to comply with 796
this section shall, upon conviction, be guilty of a misdemeanor 797
and shall be punished by a fine not exceeding Five Thousand 798
Dollars ($5,000.00), or by imprisonment in the county jail for not 799
more than six (6) months, or both such fine and imprisonment. 800
However, for purposes of this subsection (1), any recognized legal 801
financial transaction shall not be considered cause to report the 802
knowledge or suspicion of the financial exploitation of a 803
vulnerable person. If a person convicted under this section is a 804
member of a profession or occupation that is licensed, certified 805
or regulated by the state, the court shall notify the appropriate 806
licensing, certifying or regulating entity of the conviction. 807
(2) Reports received by law enforcement authorities or other 808
agencies shall be forwarded immediately to the Department of Human 809
Services or the county department of human services. The 810
Department of Human Services shall investigate the reported abuse, 811
neglect or exploitation immediately and shall file a preliminary 812
report of its findings with the Office of the Attorney General 813
within forty-eight (48) hours if immediate attention is needed, or 814
seventy-two (72) hours if the vulnerable person is not in 815
immediate danger and shall make additional reports as new 816
information or evidence becomes available. The Department of 817
Human Services, upon request, shall forward a statement to the 818
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person making the initial report required by this section as to 819
what action is being taken, if any. 820
(3) The report may be made orally or in writing, but where 821
made orally, it shall be followed up by a written report. A 822
person who fails to report or to otherwise comply with this 823
section, as provided herein, shall have no civil or criminal 824
liability, other than that expressly provided for in this section, 825
to any person or entity in connection with any failure to report 826
or to otherwise comply with the requirements of this section. 827
(4) Anyone who makes a report required by this section or 828
who testifies or participates in any judicial proceedings arising 829
from the report or who participates in a required investigation or 830
evaluation shall be presumed to be acting in good faith and in so 831
doing shall be immune from liability, civil or criminal, that 832
might otherwise be incurred or imposed. However, the immunity 833
provided under this subsection shall not apply to any suspect or 834
perpetrator of any abuse, neglect or exploitation. 835
(5) A person who intentionally makes a false report under 836
the provisions of this section may be found liable in a civil suit 837
for any actual damages suffered by the person or persons so 838
reported and for any punitive damages set by the court or jury. 839
(6) The Executive Director of the Department of Human 840
Services shall establish a statewide central register of reports 841
made pursuant to this section. The central register shall be 842
capable of receiving reports of vulnerable persons in need of 843
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protective services seven (7) days a week, twenty-four (24) hours 844
a day. To effectuate this purpose, the executive director shall 845
establish a single toll-free statewide phone number that all 846
persons may use to report vulnerable persons in need of protective 847
services, and that all persons authorized by subsection (7) of 848
this section may use for determining the existence of prior 849
reports in order to evaluate the condition or circumstances of the 850
vulnerable person before them. Such oral reports and evidence of 851
previous reports shall be transmitted to the appropriate county 852
department of human services. The central register shall include, 853
but not be limited to, the following information: the name and 854
identifying information of the individual reported, the county 855
department of human services responsible for the investigation of 856
each such report, the names, affiliations and purposes of any 857
person requesting or receiving information which the executive 858
director believes might be helpful in the furtherance of the 859
purposes of this chapter, the name, address, birth date, social 860
security number of the perpetrator of abuse, neglect and/or 861
exploitation, and the type of abuse, neglect and/or exploitation 862
of which there was substantial evidence upon investigation of the 863
report. The central register shall inform the person making 864
reports required under this section of his or her right to request 865
statements from the department as to what action is being taken, 866
if any. 867
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Each person, business, organization or other entity, whether 868
public or private, operated for profit, operated for nonprofit or 869
a voluntary unit of government not responsible for law enforcement 870
providing care, supervision or treatment of vulnerable persons 871
shall conduct criminal history records checks on each new employee 872
of the entity who provides, and/or would provide direct patient 873
care or services to adults or vulnerable persons, as provided in 874
Section 43-11-13. 875
The department shall not release data that would be harmful 876
or detrimental to the vulnerable person or that would identify or 877
locate a person who, in good faith, made a report or cooperated in 878
a subsequent investigation unless ordered to do so by a court of 879
competent jurisdiction. 880
(7) Reports made pursuant to this section, reports written 881
or photographs taken concerning such reports in the possession of 882
the Department of Human Services or the county department of human 883
services shall be confidential and shall only be made available 884
to: 885
(a) A physician who has before him a vulnerable person 886
whom he reasonably suspects may be abused, neglected or exploited, 887
as defined in Section 43-47-5; 888
(b) A duly authorized agency having the responsibility 889
for the care or supervision of a subject of the report; 890
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(c) A grand jury or a court of competent jurisdiction, 891
upon finding that the information in the record is necessary for 892
the determination of charges before the grand jury; 893
(d) A district attorney or other law enforcement 894
official; 895
(e) Federal, state or local governmental entities, 896
social service agencies of another state, or any agent of these 897
entities, having a need for the information in order to carry out 898
their responsibilities under law to protect individuals from 899
abuse, neglect, or exploitation under this chapter; and 900
(f) A guardian ad litem, guardian or conservator 901
authorized by a court to act as a representative for a vulnerable 902
person in need of protective services who is the subject of a 903
report. 904
Notwithstanding the provisions of paragraph (b) of this 905
subsection, the department may not disclose a report of the 906
abandonment, exploitation, abuse, neglect or self-neglect of a 907
vulnerable person to the vulnerable person's guardian, 908
attorney-in-fact, surrogate decision maker, or caregiver who is a 909
perpetrator or alleged perpetrator of the abandonment, 910
exploitation, abuse or neglect of the vulnerable person. 911
Any person given access to the names or other information 912
identifying the subject of the report, except the subject of the 913
report, shall not divulge or make public such identifying 914
information unless he is a district attorney or other law 915
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enforcement official and the purpose is to initiate court action. 916
Any person who willfully permits the release of any data or 917
information obtained pursuant to this section to persons or 918
agencies not permitted to such access by this section shall be 919
guilty of a misdemeanor. 920
(8) Upon reasonable cause to believe that a caretaker or 921
other person has abused, neglected or exploited a vulnerable 922
person, the department shall promptly notify the district attorney 923
of the county in which the vulnerable person is located and the 924
Office of the Attorney General, except as provided in Section 925
43-47-37(2). 926
SECTION 22. Section 43-47-37, Mississippi Code of 1972, is 927
amended as follows: 928
43-47-37. (1) Any person who, within the scope of his 929
employment at a care facility as defined in Section 43-47-5(b), or 930
in his professional or personal capacity, has knowledge of or 931
reasonable cause to believe that any patient or resident of a care 932
facility has been the victim of abuse, neglect or exploitation 933
shall report immediately the abuse, neglect or exploitation. 934
(2) The reporting of conduct as required by subsection (1) 935
of this section shall be made: 936
(a) By any employee of any home health agency, orally 937
or telephonically, within twenty-four (24) hours of discovery, 938
excluding Saturdays, Sundays and legal holidays, to the department 939
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and the Medicaid Fraud Control Unit of the Attorney General's 940
office. 941
(b) By a home health agency, in writing within 942
seventy-two (72) hours of discovery to the department and the 943
Medicaid Fraud Control Unit. Upon initial review, the Medicaid 944
Fraud Control Unit shall make a determination whether or not the 945
person suspected of committing the reported abuse, neglect or 946
exploitation was an employee of the home health agency. If so, 947
the Medicaid Fraud Control Unit shall determine whether there is 948
substantial potential for criminal prosecution, and upon a 949
positive determination, shall investigate and prosecute the 950
complaint or refer it to an appropriate criminal investigative or 951
prosecutive authority. If the alleged perpetrator is not an 952
employee of the home health agency, the department shall 953
investigate and process the complaint or refer it to an 954
appropriate investigative or prosecutive authority. 955
(c) By all other care facilities, orally or 956
telephonically, within twenty-four (24) hours of discovery, 957
excluding Saturdays, Sundays and legal holidays, to the State 958
Department of Health and the Medicaid Fraud Control Unit of the 959
Attorney General's office. 960
(d) By all other care facilities, in writing, within 961
seventy-two (72) hours of the discovery, to the State Department 962
of Health and the Medicaid Fraud Control Unit. If, upon initial 963
review by the State Department of Health and the Medicaid Fraud 964
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Control Unit, a determination is made that there is substantial 965
potential for criminal prosecution, the unit will investigate and 966
prosecute the complaint or refer it to an appropriate criminal 967
investigative or prosecutive authority. 968
(3) The contents of the reports required by subsections (1) 969
and (2) of this section shall contain the following information 970
unless the information is unobtainable by the person reporting: 971
(a) The name, address, telephone number, occupation and 972
employer's address and telephone number of the person reporting; 973
(b) The name and address of the patient or resident who 974
is believed to be the victim of abuse or exploitation; 975
(c) The details, observations and beliefs concerning 976
the incident; 977
(d) Any statements relating to the incident made by the 978
patient or resident; 979
(e) The date, time and place of the incident; 980
(f) The name of any individual(s) believed to have 981
knowledge of the incident; 982
(g) The name of the individual(s) believed to be 983
responsible for the incident and their connection to the patient 984
or resident; and 985
(h) Such other information that may be required by the 986
State Department of Health and/or the Medicaid Fraud Control Unit, 987
as requested. 988
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(4) Except as otherwise provided by Section * * * 7 of this 989
act for the State Long-Term Care Ombudsman Program, any other 990
individual who has knowledge of or reasonable cause to believe 991
that any patient or resident of a care facility has been the 992
victim of abuse, exploitation or any other criminal offense may 993
make a report to the State Department of Health and the Medicaid 994
Fraud Control Unit. 995
(5) (a) Any individual who, in good faith, makes a report 996
as provided in this section or who testifies in an official 997
proceeding regarding matters arising out of this section shall be 998
immune from all criminal and civil liability. The immunity 999
granted under this subsection shall not apply to any suspect or 1000
perpetrator of abuse, neglect or exploitation of any vulnerable 1001
person, or of any other criminal act under any statute of this 1002
state or municipal ordinance defining any act as a crime or 1003
misdemeanor. 1004
(b) No person shall terminate from employment, demote, 1005
reject for promotion or otherwise sanction, punish or retaliate 1006
against any individual who, in good faith, makes a report as 1007
provided in this section or who testifies in any official 1008
proceeding regarding matters arising out of this section. 1009
(6) Any care facility that complies in good faith with the 1010
requirements of this section to report the abuse or exploitation 1011
of a patient or resident in the care facility shall not be 1012
sanctioned by the State Department of Health for the occurrence of 1013
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such abuse or exploitation if the care facility demonstrates that 1014
it adequately trained its employees and that the abuse or 1015
exploitation was caused by factors beyond the control of the care 1016
facility. 1017
(7) Every person who knowingly fails to make the report as 1018
required by subsections (1), (2) and (3) of this section or 1019
attempts to induce another, by threat or otherwise, to fail to 1020
make a report as required by subsections (1), (2) and (3) of this 1021
section shall, upon conviction, be guilty of a misdemeanor and 1022
shall be punished by a fine of not exceeding Five Hundred Dollars 1023
($500.00), or by imprisonment in the county jail for not more than 1024
six (6) months, or both such fine and imprisonment. 1025
(8) Copies of Sections 43-47-7 and 43-47-37 shall be posted 1026
prominently in every health care facility. 1027
(9) If, after initial inquiry or investigation, the Medicaid 1028
Fraud Control Unit determines that there is reasonable cause to 1029
believe that an employee of a home health agency has abused, 1030
neglected or exploited a vulnerable person, the unit shall notify 1031
the Mississippi State Department of Health of the alleged abuse, 1032
neglect or exploitation. 1033
(10) Upon a judicial determination of evidence that an 1034
employee of a care facility has abused, neglected or exploited a 1035
vulnerable person, the appropriate investigative agency shall 1036
immediately provide the following information to the central 1037
registry: name, address, birth date, social security number of 1038
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ST: MS Long-Term Care Ombudsman Act; create.
the perpetrator; type of abuse, neglect and/or exploitation; name, 1039
address, birth date, social security number of the victim; and 1040
date of the incident and report. 1041
SECTION 23. Sections 43-7-51, 43-7-53, 43-7-55, 43-7-57, 1042
43-7-59, 43-7-61, 43-7-63, 43-7-65, 43-7-67, 43-7-69, 43-7-71, 1043
43-7-73, 43-7-75, 43-7-77 and 43-7-79, Mississippi Code of 1972, 1044
which are the Long-Term Care Facilities Ombudsman Act, are 1045
repealed. 1046
SECTION 24. Sections 1 through 20 of this act shall be 1047
codified as a new Chapter 8 in Title 43, Mississippi Code of 1972. 1048
SECTION 25. This act shall take effect and be in force from 1049
and after July 1, 2026. 1050