Nursing homes; require to purchase and maintain a minimum amount of liability insurance.

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To: Insurance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Evans

HOUSE BILL NO. 756

AN ACT TO REQUIRE NURSING HOMES TO PURCHASE AND MAINTAIN A 1
CERTAIN MINIMUM AMOUNT OF LIABILITY INSURANCE; TO AMEND SECTIONS 2
43-11-7 AND 43-11-9, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE 3
PRECEDING PROVISION; AND FOR RELATED PURPOSES. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 5
SECTION 1. (1) Any owner or operator of any nursing home 6
shall purchase and maintain not less than One Million Dollars 7
($1,000,000.00) in liability insurance for each nursing home. The 8
liability insurance shall cover each resident per occurrence of 9
negligence. For the purposes of this section, "nursing home" 10
means any nursing home, personal care home, assisted living 11
facility, retirement home, convalescence home or facility, hospice 12
care services, home health service, long-term care facility, or 13
any facility which provides medical treatment care, personal care, 14
supervision, medicine, nutrition or other custodial palliative and 15
rehabilitative care to the elderly, infirm, disabled or 16
incapacitated. 17
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(2) The liability coverage amount described in this section 18
shall include coverage for indemnity of the insured only. The 19
cost of defending the insured shall not be covered. 20
(3) No person may establish, own or operate a nursing home 21
in the state unless the person provides proof of liability 22
insurance coverage as described under this section to the State 23
Department of Health. 24
(4) The owner or operator of any nursing home shall disclose 25
to the patient or other person with whom the owner or operator is 26
contracting at the signing of a contract or the initial agreement 27
to provide nursing home care whether the owner or operator carries 28
liability insurance. The disclosure shall be written, the 29
structure and composition of which shall be determined by the 30
State Department of Health, and shall be placed immediately before 31
the space reserved in the contract for the signature of the 32
patient or other person with whom the owner or operator is 33
contracting to provide nursing home care. The disclosure shall be 34
boldfaced and conspicuous type which is larger than the type of 35
the remaining text of the contract. The owner or operator of any 36
nursing home shall also prominently display such disclosure in a 37
conspicuous location in each of his nursing home facilities. 38
(5) The State Department of Health shall suspend or revoke 39
the license or certificate of any nursing home whose owner or 40
operator violates the provisions of this section. 41
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SECTION 2. Section 43-11-7, Mississippi Code of 1972, is 42
amended as follows: 43
43-11-7. Any person, as defined in Section 43-11-1, may 44
apply for a license as provided in this section. An application 45
for a license shall be made to the licensing agency upon forms 46
provided by it and shall contain such information as the licensing 47
agency reasonably requires, which may include affirmative evidence 48
of the ability to comply with such reasonable standards, rules and 49
regulations as are lawfully prescribed under this chapter. An 50
application for a license to operate a nursing home also shall 51
include affirmative evidence of the ability to comply with the 52
requirement of liability insurance coverage. Each application for 53
a license for an institution for the aged or infirm, except for 54
personal care homes, shall be accompanied by a license fee of 55
Twenty Dollars ($20.00) for each bed in the institution, with a 56
minimum fee per institution of Two Hundred Dollars ($200.00), 57
which shall be paid to the licensing agency. Each application for 58
a license for a personal care home shall be accompanied by a 59
license fee of Fifteen Dollars ($15.00) for each bed in the 60
institution, with a minimum fee per institution of One Hundred 61
Dollars ($100.00), which shall be paid to the licensing agency. 62
Any increase in the fee charged by the licensing agency under 63
this section shall be in accordance with the provisions of Section 64
41-3-65. 65
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No governmental entity or agency shall be required to pay the 66
fee or fees set forth in this section. 67
SECTION 3. Section 43-11-9, Mississippi Code of 1972, is 68
amended as follows: 69
43-11-9. (1) Upon receipt of an application for license and 70
the license fee, the licensing agency shall issue a license if the 71
applicant and the institutional facilities meet the requirements 72
established under this chapter and the requirements of Section 73
41-7-173 et seq., where determined by the licensing agency to be 74
applicable. A license, unless suspended or revoked, shall be 75
renewable annually upon payment by (a) the licensee of an 76
institution for the aged or infirm, except for personal care 77
homes, of a renewal fee of Twenty Dollars ($20.00) for each bed in 78
the institution, with a minimum fee per institution of Two Hundred 79
Dollars ($200.00), or (b) the licensee of a personal care home of 80
a renewal fee of Fifteen Dollars ($15.00) for each bed in the 81
institution, with a minimum fee per institution of One Hundred 82
Dollars ($100.00), which shall be paid to the licensing agency, 83
and upon filing by the licensee and approval by the licensing 84
agency of an annual report upon such uniform dates and containing 85
such information in such form as the licensing agency prescribes 86
by regulation. Any increase in the fee charged by the licensing 87
agency under this subsection shall be in accordance with the 88
provisions of Section 41-3-65. For the renewal of a license to 89
operate a nursing home, the annual report must show compliance 90
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ST: Nursing homes; require to purchase and
maintain a minimum amount of liability
insurance.
with the requirement of liability insurance coverage. Each 91
license shall be issued only for the premises and person or 92
persons or other legal entity or entities named in the application 93
and shall not be transferable or assignable except with the 94
written approval of the licensing agency. Licenses shall be 95
posted in a conspicuous place on the licensed premises. 96
(2) A fee known as a "User Fee" shall be applicable and 97
shall be paid to the licensing agency as set out in subsection (1) 98
of this section. Any increase in the fee charged by the licensing 99
agency under this subsection shall be in accordance with the 100
provisions of Section 41-3-65. This user fee shall be assessed 101
for the purpose of the required reviewing and inspections of the 102
proposal of any institution in which there are additions, 103
renovations, modernizations, expansion, alterations, conversions, 104
modifications or replacement of the entire facility involved in 105
such proposal. This fee includes the reviewing of architectural 106
plans in all steps required. There shall be a minimum user fee of 107
Fifty Dollars ($50.00) and a maximum user fee of Five Thousand 108
Dollars ($5,000.00). 109
(3) No governmental entity or agency shall be required to 110
pay the fee or fees set forth in this section. 111
SECTION 4. This act shall take effect and be in force from 112
and after July 1, 2026. 113