Older Mississippians Act; create to be administered by the Divison of Aging and Adult Services of DHS.

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

By: Representative Sanford

HOUSE BILL NO. 911

AN ACT TO KNOWN AS THE OLDER AMERICANS ACT; TO PROVIDE THAT 1
DUTIES ESTABLISHED IN THIS ACT SHALL BE CARRIED OUT BY THE 2
DIVISION OF AGING AND ADULT SERVICES OF THE MISSISSIPPI DEPARTMENT 3
OF HUMAN SERVICES; TO PROVIDE THAT THE PURPOSE OF THIS ACT IS TO 4
ADVISE, ASSIST AND PROTECT THE STATE'S OLDER ADULTS TO THE FULLEST 5
EXTENT AND ENSURE THAT PROGRAMS AND SERVICES ARE DEVELOPED AND 6
IMPLEMENTED TO BE ACCESSIBLE TO ALL OLDER ADULTS TO ASSIST THEM IN 7
THE ACHIEVEMENT OR MAINTENANCE OF MAXIMUM INDEPENDENCE AND QUALITY 8
OF LIFE AND MINIMUM LEVELS OF SOCIAL DEPENDENCE; TO PROVIDE THAT 9
THE DEPARTMENT OF HUMAN SERVICES, DIVISION OF AGING AND ADULT 10
SERVICES, IS DESIGNATED AS THE STATE UNIT ON AGING UNDER THE 11
FEDERAL OLDER AMERICANS ACT OF 1965 AND SHALL EXERCISE ALL 12
RESPONSIBILITIES UNDER THAT ACT; TO PRESCRIBE THE DUTIES OF THE 13
DIVISION OF AGING AND ADULT SERVICES UNDER THIS ACT; TO PROVIDE 14
THAT THE DIVISION SHALL ENSURE THAT EACH AREA AGENCY ON AGING 15
OPERATES IN A MANNER TO ENSURE THAT THE OLDER ADULTS OF THIS STATE 16
RECEIVE THE BEST SERVICES POSSIBLE; TO AUTHORIZE THE DIVISION TO 17
RESCIND THE DESIGNATION OF AN AREA AGENCY ON AGING OR TAKE 18
INTERMEDIATE MEASURES AGAINST THE AGENCY IF THE DIVISION MAKES 19
CERTAIN FINDING REGARDING THE AREA AGENCY ON AGING; TO REPEAL 20
SECTIONS 43-9-1 THROUGH 43-9-47, MISSISSIPPI CODE OF 1972, WHICH 21
CREATED A STATEWIDE SYSTEM OF OLD AGE ASSISTANCE KNOWN AS THE 22
MISSISSIPPI OLD AGE SECURITY LAW; AND FOR RELATED PURPOSES. 23
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 24
SECTION 1. Short title. This chapter may be cited as the 25
"Older Mississippians Act". The duties established in this 26
chapter shall be carried out by the Division of Aging and Adult 27
Services of the Mississippi Department of Human Services. 28
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SECTION 2. Legislative purpose. The purpose of this chapter 29
is to: 30
(a) Advise, assist and protect the state's older adults 31
to the fullest extent; 32
(b) Ensure that programs and services are developed and 33
implemented to be accessible to all older adults to assist them in 34
the achievement or maintenance of maximum independence and quality 35
of life and minimum levels of social dependence; 36
(c) Support and promote the efforts of families and 37
other caregivers in assisting older adults; 38
(d) Promote intergenerational activities that will 39
provide citizens of all ages opportunities to enjoy the enriching 40
benefits of interaction and that will promote unity and support 41
for one another; 42
(e) Ensure that state government functions effectively 43
and efficiently in serving older adults through coordination of 44
policy development, planning, and service delivery by all state 45
agencies relating to the older adult population of the state; 46
(f) Ensure that older adults are able to secure prompt, 47
adequate, and accurate information and assistance regarding, but 48
not limited to, health, social welfare, long-term care, protective 49
services, consumer protection, education and training, housing, 50
employment, recreation, transportation, insurance, and retirement; 51
and 52
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(g) Appoint the Mississippi Department of Human 53
Services, Division of Aging and Adult Services, as the State Unit 54
on Aging that has lead responsibility for administering human 55
service programs for the older adults and for developing policy 56
recommendations for long-term care. 57
SECTION 3. Definitions. As used in this chapter, the 58
following terms shall have the meanings as defined in this 59
section, unless the context otherwise requires. 60
(a) "Area agency on aging" means a single agency 61
designated by the State Unit on Aging to perform the functions 62
specified in the chapter for a planning and service area. 63
(b) "Best available data" means the most current 64
reliable data or population estimates available from the United 65
States Decennial Census, American Community Survey, or other 66
high-quality, representative data available to the State Unit on 67
Aging. 68
(c) "Conflict(s) of interest" means: 69
(i) One or more conflicts between the private 70
interests and the official responsibilities of a person in a 71
position of trust; 72
(ii) One or more conflicts between competing 73
duties of an individual, or between the competing duties, 74
services, or programs of an organization, and/or portion of an 75
organization; or 76
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(iii) Other conflicts of interest identified in 77
guidance issued by the Assistant Secretary for Aging and/or by 78
State Unit on Aging policies. 79
(d) "Cost sharing" means requesting payment using a 80
sliding scale, based only on an individual's income and the cost 81
of delivering the service, in a manner consistent with the 82
exceptions, prohibitions, and other conditions laid out in the 83
Older Americans Act. 84
(e) "Direct services" means any activity performed to 85
provide services directly to an older adult or family caregiver, 86
groups of older persons or family caregivers, or to the general 87
public by the staff or volunteers of a service provider, an area 88
agency on aging, or a State Unit on Aging, whether provided 89
in-person or virtually. Direct services exclude state or area 90
plan administration and program development and coordination 91
activities. 92
(f) "Immediate family," as used pertaining to conflicts 93
of interest, means a member of the household or a relative with 94
whom there is a close personal or significant financial 95
relationship. 96
(g) "In-home supportive services" means those 97
supportive services provided in the home as set forth in the Older 98
Americans Act, including, but not limited to: 99
(i) Homemaker, personal care, home care, home 100
health, and other aides; 101
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(ii) Visiting and telephone or virtual 102
reassurance; 103
(iii) Chore maintenance; 104
(iv) Respite care for families, including adult 105
day care; and 106
(v) Minor modification of homes that is necessary 107
to facilitate the independence and health of older individuals and 108
that is not readily available under another program. 109
(h) "Service provider" means an entity that is awarded 110
funds, including via a grant, subgrant, contract, or subcontract, 111
to provide direct services under the state or area plan. 112
SECTION 4. Administration of federal aging programs. The 113
Mississippi Department of Human Services, Division of Aging and 114
Adult Services, is designated as the State Unit on Aging (SUA) 115
under the federal Older Americans Act of 1965, as amended, and 116
shall exercise all responsibilities under that act. The division 117
is the State Unit on Aging designated to handle all programs of 118
the federal government relating to the aging, by virtue of funds 119
appropriated through the Older Americans Act of 1965 and 120
subsequent amendments, requiring actions within the state that are 121
not the specific responsibility of another State Unit on Aging 122
under the provisions of federal or state law. The department is 123
authorized to accept and use any funds in accordance with 124
established state budgetary procedures that might become available 125
pursuant to the purposes set out in this chapter. 126
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SECTION 5. Division of Aging and Adult Services. The 127
Division of Aging and Adult Services of the Department of Human 128
Services shall: 129
(a) Serve as the primary State Unit on Aging 130
responsible for administering human services programs for the 131
older adults and for developing policy and procedures for home- 132
and community-based services, including but not limited to 133
long-term care; 134
(b) Create public awareness and understanding of the 135
needs of older adults; 136
(c) Study and plan for programs and services to meet 137
identified and projected needs of persons aged sixty (60) years 138
and older; 139
(d) Advocate quality programs and services for the 140
state's older adult population; 141
(e) Plan, coordinate and implement programs serving the 142
older adult population; 143
(f) Oversee implementation of federally funded and 144
state-funded programs and services for the state's older adult 145
population; 146
(g) Recommend legislative budget requests for programs 147
and services for the state's older adult population; 148
(h) Assist older adults to secure needed services in 149
accordance with personal choice and in a manner that achieves or 150
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maintains autonomy and prevents, reduces, or eliminates 151
dependency; 152
(i) Promote the maintenance and improvement of the 153
physical well-being and mental health of older adults; 154
(j) Promote the prevention of neglect, abuse, or 155
exploitation of older adults, who are unable to protect their own 156
interests; and 157
(k) Aid in the support of families and other caregivers 158
of older adults. 159
SECTION 6. Duties and responsibilities of the Division of 160
Aging and Adult Services. The Division of Aging and Adult 161
Services shall: 162
(a) Administer human services and long-term care 163
programs, including programs funded under the federal Older 164
Americans Act of 1965, as amended, and other programs that are 165
assigned to it by law; and 166
(b) Be responsible for ensuring that each area agency 167
on aging operates in a manner to ensure that the older adults of 168
this state receive the best services possible. The division shall 169
rescind the designation of an area agency on aging or take 170
intermediate measures against the agency, including corrective 171
action, unannounced special monitoring, temporary assumption of 172
operation of one or more programs by the division, placement on 173
probationary status, imposing a moratorium on agency action, 174
imposing financial penalties for nonperformance, or other 175
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administrative action pursuant to the Mississippi Administrative 176
Procedures Law, if the division finds that: 177
(i) An intentional or negligent act of the agency 178
has materially affected the health, welfare or safety of older 179
adults, or substantially and negatively affected the operation of 180
an aging services program; 181
(ii) The agency lacks financial stability 182
sufficient to meet contractual obligations or that contractual 183
funds have been misappropriated; 184
(iii) The agency has committed multiple or 185
repeated violations of legal and regulatory requirements or 186
Department of Human Services' standards; 187
(iv) The agency has failed to continue the 188
provision or expansion of services after the declaration of a 189
state of emergency; 190
(v) The agency has exceeded its authority or 191
otherwise failed to adhere to the terms of its contract with the 192
department or has exceeded its authority or otherwise failed to 193
adhere to the provisions specifically provided by statute or rule 194
adopted by the department; 195
(vi) The agency has failed to properly determine 196
client eligibility as defined by the department or efficiently 197
manage program budgets; or 198
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ST: Older Mississippians Act; create to be
administered by the Divison of Aging and Adult
Services of DHS.
(vii) The agency has failed to implement and 199
maintain a department-approved client grievance resolution 200
procedure. 201
SECTION 7. Screening of direct service providers. The 202
Division of Aging and Adult Services shall establish policies and 203
procedures to ensure that the employees of the area agencies on 204
aging are complying with screening requirements for direct 205
services providers as required in the Older Americans Act. 206
SECTION 8. Rulemaking. The Division of Aging and Adult 207
Services shall adopt rules to implement the provisions of this 208
chapter. 209
SECTION 9. Sections 43-9-1, 43-9-3, 43-9-5, 43-9-7, 43-9-9, 210
43-9-11, 43-9-13, 43-9-15, 43-9-17, 43-9-19, 43-9-21, 43-9-23, 211
43-9-25, 43-9-27, 43-9-29, 43-9-31, 43-9-33, 43-9-35, 43-9-37, 212
43-9-39, 43-9-41, 43-9-43, 43-9-45 and 43-9-47, Mississippi Code 213
of 1972, which created a statewide system of old age assistance 214
known as the Mississippi Old Age Security Law, are repealed. 215
SECTION 10. Sections 1 through 8 of this act shall be 216
codified as a new Chapter 10 in Title 43, Mississippi Code of 217
1972. 218
SECTION 11. This act shall take effect and be in force from 219
and after July 1, 2026. 220