Nursing facilities and assisted living facilities; Health Dept. shall inspect to determine compliance with rules for emergency power sources.

H. B. No. 1176 *HR26/R1056* ~ OFFICIAL ~ G1/2
26/HR26/R1056
PAGE 1 (RF\KW)

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

By: Representative Crawford

HOUSE BILL NO. 1176

AN ACT TO AMEND SECTION 43-11-13, MISSISSIPPI CODE OF 1972, 1
TO REQUIRE THE STATE BOARD OF HEALTH TO ADOPT RULES REQUIRING THE 2
STATE DEPARTMENT OF HEALTH TO DETERMINE COMPLIANCE WITH RULES FOR 3
ELECTRICITY AND EMERGENCY POWER SOURCES OF NURSING FACILITIES AND 4
ASSISTED LIVING FACILITIES DURING REGULAR UNANNOUNCED INSPECTIONS 5
OF THOSE FACILITIES; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. Section 43-11-13, Mississippi Code of 1972, is 8
amended as follows: 9
43-11-13. (1) The licensing agency shall adopt, amend, 10
promulgate and enforce such rules, regulations and standards, 11
including classifications, with respect to all institutions for 12
the aged or infirm to be licensed under this chapter as may be 13
designed to further the accomplishment of the purpose of this 14
chapter in promoting adequate care of individuals in those 15
institutions in the interest of public health, safety and welfare. 16
Those rules, regulations and standards shall be adopted and 17
promulgated by the licensing agency and shall be recorded and 18
indexed in a book to be maintained by the licensing agency in its 19
main office in the State of Mississippi, entitled "Rules, 20
H. B. No. 1176 *HR26/R1056* ~ OFFICIAL ~
26/HR26/R1056
PAGE 2 (RF\KW)

Regulations and Minimum Standards for Institutions for the Aged or 21
Infirm" and the book shall be open and available to all 22
institutions for the aged or infirm and the public generally at 23
all reasonable times. Upon the adoption of those rules, 24
regulations and standards, the licensing agency shall mail copies 25
thereof to all those institutions in the state that have filed 26
with the agency their names and addresses for this purpose, but 27
the failure to mail the same or the failure of the institutions to 28
receive the same shall in no way affect the validity thereof. The 29
rules, regulations and standards may be amended by the licensing 30
agency, from time to time, as necessary to promote the health, 31
safety and welfare of persons living in those institutions. 32
(2) The licensee shall keep posted in a conspicuous place on 33
the licensed premises all current rules, regulations and minimum 34
standards applicable to fire protection measures as adopted by the 35
licensing agency. The licensee shall furnish to the licensing 36
agency at least once each six (6) months a certificate of approval 37
and inspection by state or local fire authorities. Failure to 38
comply with state laws and/or municipal ordinances and current 39
rules, regulations and minimum standards as adopted by the 40
licensing agency, relative to fire prevention measures, shall be 41
prima facie evidence for revocation of license. 42
(3) The State Board of Health shall promulgate rules and 43
regulations restricting the storage, quantity and classes of drugs 44
allowed in personal care homes and adult foster care facilities. 45
H. B. No. 1176 *HR26/R1056* ~ OFFICIAL ~
26/HR26/R1056
PAGE 3 (RF\KW)

Residents requiring administration of Schedule II Narcotics as 46
defined in the Uniform Controlled Substances Law may be admitted 47
to a personal care home. Schedule drugs may only be allowed in a 48
personal care home if they are administered or stored utilizing 49
proper procedures under the direct supervision of a licensed 50
physician or nurse. 51
(4) (a) Notwithstanding any determination by the licensing 52
agency that skilled nursing services would be appropriate for a 53
resident of a personal care home, that resident, the resident's 54
guardian or the legally recognized responsible party for the 55
resident may consent in writing for the resident to continue to 56
reside in the personal care home, if approved in writing by a 57
licensed physician. However, no personal care home shall allow 58
more than two (2) residents, or ten percent (10%) of the total 59
number of residents in the facility, whichever is greater, to 60
remain in the personal care home under the provisions of this 61
subsection (4). This consent shall be deemed to be appropriately 62
informed consent as described in the regulations promulgated by 63
the licensing agency. After that written consent has been 64
obtained, the resident shall have the right to continue to reside 65
in the personal care home for as long as the resident meets the 66
other conditions for residing in the personal care home. A copy 67
of the written consent and the physician's approval shall be 68
forwarded by the personal care home to the licensing agency. 69
H. B. No. 1176 *HR26/R1056* ~ OFFICIAL ~
26/HR26/R1056
PAGE 4 (RF\KW)

(b) The State Board of Health shall promulgate rules 70
and regulations restricting the handling of a resident's personal 71
deposits by the director of a personal care home. Any funds given 72
or provided for the purpose of supplying extra comforts, 73
conveniences or services to any resident in any personal care 74
home, and any funds otherwise received and held from, for or on 75
behalf of any such resident, shall be deposited by the director or 76
other proper officer of the personal care home to the credit of 77
that resident in an account that shall be known as the Resident's 78
Personal Deposit Fund. No more than one (1) month's charge for 79
the care, support, maintenance and medical attention of the 80
resident shall be applied from the account at any one time. After 81
the death, discharge or transfer of any resident for whose benefit 82
any such fund has been provided, any unexpended balance remaining 83
in his personal deposit fund shall be applied for the payment of 84
care, cost of support, maintenance and medical attention that is 85
accrued. If any unexpended balance remains in that resident's 86
personal deposit fund after complete reimbursement has been made 87
for payment of care, support, maintenance and medical attention, 88
and the director or other proper officer of the personal care home 89
has been or shall be unable to locate the person or persons 90
entitled to the unexpended balance, the director or other proper 91
officer may, after the lapse of one (1) year from the date of that 92
death, discharge or transfer, deposit the unexpended balance to 93
the credit of the personal care home's operating fund. 94
H. B. No. 1176 *HR26/R1056* ~ OFFICIAL ~
26/HR26/R1056
PAGE 5 (RF\KW)

(c) The State Board of Health shall promulgate rules 95
and regulations requiring personal care homes to maintain records 96
relating to health condition, medicine dispensed and administered, 97
and any reaction to that medicine. The director of the personal 98
care home shall be responsible for explaining the availability of 99
those records to the family of the resident at any time upon 100
reasonable request. 101
(5) The State Board of Health and the Mississippi Department 102
of Corrections shall jointly issue rules and regulations for the 103
operation of the special care facilities for paroled inmates. 104
(6) (a) For the purposes of this subsection (6): 105
(i) "Licensed entity" means a hospital, nursing 106
home, personal care home, home health agency, hospice or adult 107
foster care facility; 108
(ii) "Covered entity" means a licensed entity or a 109
health care professional staffing agency; 110
(iii) "Employee" means any individual employed by 111
a covered entity, and also includes any individual who by contract 112
provides to the patients, residents or clients being served by the 113
covered entity direct, hands-on, medical patient care in a 114
patient's, resident's or client's room or in treatment or recovery 115
rooms. The term "employee" does not include health care 116
professional/vocational technical students performing clinical 117
training in a licensed entity under contracts between their 118
schools and the licensed entity, and does not include students at 119
H. B. No. 1176 *HR26/R1056* ~ OFFICIAL ~
26/HR26/R1056
PAGE 6 (RF\KW)

high schools located in Mississippi who observe the treatment and 120
care of patients in a licensed entity as part of the requirements 121
of an allied-health course taught in the high school, if: 122
1. The student is under the supervision of a 123
licensed health care provider; and 124
2. The student has signed an affidavit that 125
is on file at the student's school stating that he or she has not 126
been convicted of or pleaded guilty or nolo contendere to a felony 127
listed in paragraph (d) of this subsection (6), or that any such 128
conviction or plea was reversed on appeal or a pardon was granted 129
for the conviction or plea. Before any student may sign such an 130
affidavit, the student's school shall provide information to the 131
student explaining what a felony is and the nature of the felonies 132
listed in paragraph (d) of this subsection (6). 133
However, the health care professional/vocational technical 134
academic program in which the student is enrolled may require the 135
student to obtain criminal history record checks. In such 136
incidences, paragraph (a)(iii)1 and 2 of this subsection (6) does 137
not preclude the licensing entity from processing submitted 138
fingerprints of students from healthcare-related 139
professional/vocational technical programs who, as part of their 140
program of study, conduct observations and provide clinical care 141
and services in a covered entity. 142
(b) Under regulations promulgated by the State Board of 143
Health, the licensing agency shall require to be performed a 144
H. B. No. 1176 *HR26/R1056* ~ OFFICIAL ~
26/HR26/R1056
PAGE 7 (RF\KW)

criminal history record check on (i) every new employee of a 145
covered entity who provides direct patient care or services and 146
who is employed on or after July 1, 2003, and (ii) every employee 147
of a covered entity employed before July 1, 2003, who has a 148
documented disciplinary action by his or her present employer. In 149
addition, the licensing agency shall require the covered entity to 150
perform a disciplinary check with the professional licensing 151
agency of each employee, if any, to determine if any disciplinary 152
action has been taken against the employee by that agency. 153
Except as otherwise provided in paragraph (c) of this 154
subsection (6), no such employee hired on or after July 1, 2003, 155
shall be permitted to provide direct patient care until the 156
results of the criminal history record check have revealed no 157
disqualifying record or the employee has been granted a waiver. 158
In order to determine the employee applicant's suitability for 159
employment, the applicant shall be fingerprinted. Fingerprints 160
shall be submitted to the licensing agency from scanning, with the 161
results processed through the Department of Public Safety's 162
Criminal Information Center. The fingerprints shall then be 163
forwarded by the Department of Public Safety to the Federal Bureau 164
of Investigation for a national criminal history record check. 165
The licensing agency shall notify the covered entity of the 166
results of an employee applicant's criminal history record check. 167
If the criminal history record check discloses a felony 168
conviction, guilty plea or plea of nolo contendere to a felony of 169
H. B. No. 1176 *HR26/R1056* ~ OFFICIAL ~
26/HR26/R1056
PAGE 8 (RF\KW)

possession or sale of drugs, murder, manslaughter, armed robbery, 170
rape, sexual battery, sex offense listed in Section 45-33-23(h), 171
child abuse, arson, grand larceny, burglary, gratification of lust 172
or aggravated assault, or felonious abuse and/or battery of a 173
vulnerable adult that has not been reversed on appeal or for which 174
a pardon has not been granted, the employee applicant shall not be 175
eligible to be employed by the covered entity. 176
(c) Any such new employee applicant may, however, be 177
employed on a temporary basis pending the results of the criminal 178
history record check, but any employment contract with the new 179
employee shall be voidable if the new employee receives a 180
disqualifying criminal history record check and no waiver is 181
granted as provided in this subsection (6). 182
(d) Under regulations promulgated by the State Board of 183
Health, the licensing agency shall require every employee of a 184
covered entity employed before July 1, 2003, to sign an affidavit 185
stating that he or she has not been convicted of or pleaded guilty 186
or nolo contendere to a felony of possession or sale of drugs, 187
murder, manslaughter, armed robbery, rape, sexual battery, any sex 188
offense listed in Section 45-33-23(h), child abuse, arson, grand 189
larceny, burglary, gratification of lust, aggravated assault, or 190
felonious abuse and/or battery of a vulnerable adult, or that any 191
such conviction or plea was reversed on appeal or a pardon was 192
granted for the conviction or plea. No such employee of a covered 193
entity hired before July 1, 2003, shall be permitted to provide 194
H. B. No. 1176 *HR26/R1056* ~ OFFICIAL ~
26/HR26/R1056
PAGE 9 (RF\KW)

direct patient care until the employee has signed the affidavit 195
required by this paragraph (d). All such existing employees of 196
covered entities must sign the affidavit required by this 197
paragraph (d) within six (6) months of the final adoption of the 198
regulations promulgated by the State Board of Health. If a person 199
signs the affidavit required by this paragraph (d), and it is 200
later determined that the person actually had been convicted of or 201
pleaded guilty or nolo contendere to any of the offenses listed in 202
this paragraph (d) and the conviction or plea has not been 203
reversed on appeal or a pardon has not been granted for the 204
conviction or plea, the person is guilty of perjury. If the 205
offense that the person was convicted of or pleaded guilty or nolo 206
contendere to was a violent offense, the person, upon a conviction 207
of perjury under this paragraph, shall be punished as provided in 208
Section 97-9-61. If the offense that the person was convicted of 209
or pleaded guilty or nolo contendere to was a nonviolent offense, 210
the person, upon a conviction of perjury under this paragraph, 211
shall be punished by a fine of not more than Five Hundred Dollars 212
($500.00), or by imprisonment in the county jail for not more than 213
six (6) months, or by both such fine and imprisonment. 214
(e) The covered entity may, in its discretion, allow 215
any employee who is unable to sign the affidavit required by 216
paragraph (d) of this subsection (6) or any employee applicant 217
aggrieved by an employment decision under this subsection (6) to 218
appear before the covered entity's hiring officer, or his or her 219
H. B. No. 1176 *HR26/R1056* ~ OFFICIAL ~
26/HR26/R1056
PAGE 10 (RF\KW)

designee, to show mitigating circumstances that may exist and 220
allow the employee or employee applicant to be employed by the 221
covered entity. The covered entity, upon report and 222
recommendation of the hiring officer, may grant waivers for those 223
mitigating circumstances, which shall include, but not be limited 224
to: (i) age at which the crime was committed; (ii) circumstances 225
surrounding the crime; (iii) length of time since the conviction 226
and criminal history since the conviction; (iv) work history; (v) 227
current employment and character references; and (vi) other 228
evidence demonstrating the ability of the individual to perform 229
the employment responsibilities competently and that the 230
individual does not pose a threat to the health or safety of the 231
patients of the covered entity. 232
(f) The licensing agency may charge the covered entity 233
submitting the fingerprints a fee not to exceed Fifty Dollars 234
($50.00), which covered entity may, in its discretion, charge the 235
same fee, or a portion thereof, to the employee applicant. Any 236
increase in the fee charged by the licensing agency under this 237
paragraph shall be in accordance with the provisions of Section 238
41-3-65. Any costs incurred by a covered entity implementing this 239
subsection (6) shall be reimbursed as an allowable cost under 240
Section 43-13-116. 241
(g) If the results of an employee applicant's criminal 242
history record check reveals no disqualifying event, then the 243
covered entity shall, within two (2) weeks of the notification of 244
H. B. No. 1176 *HR26/R1056* ~ OFFICIAL ~
26/HR26/R1056
PAGE 11 (RF\KW)

no disqualifying event, provide the employee applicant with a 245
notarized letter signed by the chief executive officer of the 246
covered entity, or his or her authorized designee, confirming the 247
employee applicant's suitability for employment based on his or 248
her criminal history record check. An employee applicant may use 249
that letter for a period of two (2) years from the date of the 250
letter to seek employment with any covered entity without the 251
necessity of an additional criminal history record check. Any 252
covered entity presented with the letter may rely on the letter 253
with respect to an employee applicant's criminal background and is 254
not required for a period of two (2) years from the date of the 255
letter to conduct or have conducted a criminal history record 256
check as required in this subsection (6). 257
(h) The licensing agency, the covered entity, and their 258
agents, officers, employees, attorneys and representatives, shall 259
be presumed to be acting in good faith for any employment decision 260
or action taken under this subsection (6). The presumption of 261
good faith may be overcome by a preponderance of the evidence in 262
any civil action. No licensing agency, covered entity, nor their 263
agents, officers, employees, attorneys and representatives shall 264
be held liable in any employment decision or action based in whole 265
or in part on compliance with or attempts to comply with the 266
requirements of this subsection (6). 267
(i) The licensing agency shall promulgate regulations 268
to implement this subsection (6). 269
H. B. No. 1176 *HR26/R1056* ~ OFFICIAL ~
26/HR26/R1056
PAGE 12 (RF\KW)

(j) The provisions of this subsection (6) shall not 270
apply to: 271
(i) Applicants and employees of the University of 272
Mississippi Medical Center for whom criminal history record checks 273
and fingerprinting are obtained in accordance with Section 274
37-115-41; or 275
(ii) Health care professional/vocational technical 276
students for whom criminal history record checks and 277
fingerprinting are obtained in accordance with Section 37-29-232. 278
(7) The State Board of Health shall promulgate rules, 279
regulations and standards regarding the operation of adult foster 280
care facilities. 281
(8) (a) Under rules adopted by the State Board of Health 282
not later than July 1, 2026, the licensing agency shall, every 283
fifteen (15) months, conduct at least one (1) unannounced 284
inspection in each licensed nursing facility and assisted living 285
facility to determine compliance by the nursing facility or 286
assisted living facility with rules governing minimum standards of 287
construction, electricity and emergency power sources. 288
(b) The regulations shall include reasonable and fair 289
criteria for the equipment essential to the health and welfare of 290
the residents, including equipment sufficient to provide adequate 291
day-to-day electricity, a fully operational emergency power 292
source, and a supply of fuel sufficient to sustain the emergency 293
power source for at least five (5) days during a power outage. 294
H. B. No. 1176 *HR26/R1056* ~ OFFICIAL ~
26/HR26/R1056
PAGE 13 (RF\KW)
ST: Nursing facilities and assisted living
facilities; Health Dept. shall inspect to
determine compliance with rules for emergency
power sources.
(c) Nursing facilities and assisted living facilities 295
shall maintain a fully operational emergency power source and a 296
supply of fuel sufficient to sustain the emergency power source 297
for at least five (5) days during a power outage and to have 298
generators capable of maintaining comfortable temperatures for the 299
residents for at least ninety-six (96) hours. 300
(d) Nursing facilities and assisted living facilities 301
licensed in Mississippi shall have sixty (60) days following the 302
adoption of such rules by the State Board of Health to comply with 303
the minimum requirements. 304
SECTION 2. This act shall take effect and be in force from 305
and after its passage. 306