Personal care homes; require licensure and regulation of those providing living arrangements for one or more persons.

S. B. No. 2564 *SS08/R399* ~ OFFICIAL ~ G3/5
26/SS08/R399
PAGE 1 (baf\tb)

To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Norwood

SENATE BILL NO. 2564

AN ACT TO AMEND SECTION 43-11-1, MISSISSIPPI CODE OF 1972, TO 1
PROVIDE THAT PERSONAL CARE HOMES MUST BE LICENSED AND REGULATED BY 2
THE STATE DEPARTMENT OF HEALTH IF THEY PROVIDE INDIVIDUAL OR GROUP 3
LIVING ARRANGEMENTS FOR ONE OR MORE PERSONS WHO ARE UNRELATED TO 4
THE OPERATOR; AND FOR RELATED PURPOSES. 5
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 6
SECTION 1. Section 43-11-1, Mississippi Code of 1972, is 7
amended as follows: 8
43-11-1. When used in this chapter, the following words 9
shall have the following meaning: 10
(a) "Institutions for the aged or infirm" means a place 11
either governmental or private that provides group living 12
arrangements for four (4) or more persons who are unrelated to the 13
operator and who are being provided food, shelter and personal 14
care, whether any such place is organized or operated for profit 15
or not. The term "institution for the aged or infirm" includes 16
nursing homes, pediatric skilled nursing facilities, psychiatric 17
residential treatment facilities, personal care homes, 18
convalescent homes, homes for the aged, adult foster care 19
S. B. No. 2564 *SS08/R399* ~ OFFICIAL ~
26/SS08/R399
PAGE 2 (baf\tb)

facilities and special care facilities for paroled inmates, 20
provided that these institutions fall within the scope of the 21
definitions set forth * * * in this section. The term 22
"institution for the aged or infirm" does not include hospitals, 23
clinics or mental institutions devoted primarily to providing 24
medical service, and does not include any private residence in 25
which the owner of the residence is providing personal care 26
services to disabled or homeless veterans under an agreement with, 27
and in compliance with the standards prescribed by, the United 28
States Department of Veterans Affairs, if the owner of the 29
residence also provided personal care services to disabled or 30
homeless veterans at any time during calendar year 2008. 31
(b) "Person" means any individual, firm, partnership, 32
corporation, company, association or joint-stock association, or 33
any licensee herein or the legal successor thereof. 34
(c) "Personal care" means assistance rendered by 35
personnel of the home to aged or infirm residents in performing 36
one or more of the activities of daily living, which includes, but 37
is not limited to, the bathing, walking, excretory functions, 38
feeding, personal grooming and dressing of such residents. 39
(d) "Personal care home" means a place, either 40
governmental or private, offering individual or group living 41
arrangements for one or more persons who are unrelated to the 42
operator and who are being provided food, shelter and personal 43
care, whether any such place is organized or operated for profit 44
S. B. No. 2564 *SS08/R399* ~ OFFICIAL ~
26/SS08/R399
PAGE 3 (baf\tb)

or not, and whether the place is for assisted living or 45
residential living. Personal care homes shall be subject to 46
routine inspections by the licensing agency to protect the health 47
and safety of the residents. 48
( * * *e) "Psychiatric residential treatment facility" 49
means any nonhospital establishment with permanent facilities 50
which provides a twenty-four-hour program of care by qualified 51
therapists, including, but not limited to, duly licensed mental 52
health professionals, psychiatrists, psychologists, 53
psychotherapists and licensed certified social workers, for 54
emotionally disturbed children and adolescents referred to such 55
facility by a court, local school district or by the Department of 56
Human Services, who are not in an acute phase of illness requiring 57
the services of a psychiatric hospital, and are in need of such 58
restorative treatment services. For purposes of this paragraph, 59
the term "emotionally disturbed" means a condition exhibiting one 60
or more of the following characteristics over a long period of 61
time and to a marked degree, which adversely affects educational 62
performance: 63
* * *(i) An inability to learn which cannot be 64
explained by intellectual, sensory or health factors; 65
* * *(ii) An inability to build or maintain 66
satisfactory relationships with peers and teachers; 67
* * *(iii) Inappropriate types of behavior or 68
feelings under normal circumstances; 69
S. B. No. 2564 *SS08/R399* ~ OFFICIAL ~
26/SS08/R399
PAGE 4 (baf\tb)

* * *(iv) A general pervasive mood of unhappiness 70
or depression; or 71
* * *(v) A tendency to develop physical symptoms 72
or fears associated with personal or school problems. An 73
establishment furnishing primarily domiciliary care is not within 74
this definition. 75
( * * *f) "Pediatric skilled nursing facility" means an 76
institution or a distinct part of an institution that is primarily 77
engaged in providing to inpatients skilled nursing care and 78
related services for persons under twenty-one (21) years of age 79
who require medical or nursing care or rehabilitation services for 80
the rehabilitation of injured, disabled or sick persons. 81
( * * *g) "Licensing agency" means the State Department 82
of Health. 83
( * * *h) "Medical records" mean, without restriction, 84
those medical histories, records, reports, summaries, diagnoses 85
and prognoses, records of treatment and medication ordered and 86
given, notes, entries, x-rays and other written or graphic data 87
prepared, kept, made or maintained in institutions for the aged or 88
infirm that pertain to residency in, or services rendered to 89
residents of, an institution for the aged or infirm. 90
( * * *i) "Adult foster care facility" means a home 91
setting for vulnerable adults in the community who are unable to 92
live independently due to physical, emotional, developmental or 93
mental impairments, or in need of emergency and continuing 94
S. B. No. 2564 *SS08/R399* ~ OFFICIAL ~
26/SS08/R399
PAGE 5 (baf\tb)

protective social services for purposes of preventing further 95
abuse or neglect and for safeguarding and enhancing the welfare of 96
the abused or neglected vulnerable adult. Adult foster care 97
programs shall be designed to meet the needs of vulnerable adults 98
with impairments through individual plans of care, which provide a 99
variety of health, social and related support services in a 100
protective setting, enabling participants to live in the 101
community. Adult foster care programs may be (i) traditional, 102
where the foster care provider lives in the residence and is the 103
primary caregiver to clients in the home; (ii) corporate, where 104
the foster care home is operated by a corporation with shift staff 105
delivering services to clients; or (iii) shelter, where the foster 106
care home accepts clients on an emergency short-term basis for up 107
to thirty (30) days. 108
( * * *j) "Special care facilities for paroled inmates" 109
means long-term care and skilled nursing facilities licensed as 110
special care facilities for medically frail paroled inmates, 111
formed to ease the burden of prison overcrowding and provide 112
compassionate release and medical parole initiatives while 113
impacting economic outcomes for the Mississippi prison system. 114
The facilities shall meet all Mississippi Department of Health and 115
federal Centers for Medicare and Medicaid Services (CMS) 116
requirements and shall be regulated by both agencies; provided, 117
however, such regulations shall not be as restrictive as those 118
required for personal care homes and other institutions devoted 119
S. B. No. 2564 *SS08/R399* ~ OFFICIAL ~
26/SS08/R399
PAGE 6 (baf\tb)
ST: Personal care homes; require licensure and
regulation of those providing living
arrangements for one or more persons.
primarily to providing medical services. The facilities will 120
offer physical, occupational and speech therapy, nursing services, 121
wound care, a dedicated COVID services unit, individualized 122
patient centered plans of care, social services, spiritual 123
services, physical activities, transportation, medication, durable 124
medical equipment, personalized meal plans by a licensed dietician 125
and security services. There may be up to three (3) facilities 126
located in each Supreme Court district, to be designated by the 127
Chairman of the State Parole Board or his designee. 128
SECTION 2. This act shall take effect and be in force from 129
and after July 1, 2026. 130