Older Mississippians Act; create.

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To: Medicaid; Government
Structure
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blackwell

SENATE BILL NO. 2746

AN ACT TO CREATE NEW SECTION 43-10-1, MISSISSIPPI CODE OF 1
1972, TO CREATE THE "OLDER MISSISSIPPIANS ACT"; TO CREATE NEW 2
SECTION 43-10-3, MISSISSIPPI CODE OF 1972, TO PROVIDE LEGISLATIVE 3
PURPOSE; TO CREATE NEW SECTION 43-10-5, MISSISSIPPI CODE OF 1972, 4
TO DEFINE CERTAIN TERMS RELATING TO THIS ACT; TO CREATE NEW 5
SECTION 43-10-7, MISSISSIPPI CODE OF 1972, TO DESIGNATE THE 6
DIVISION OF AGING AND ADULT SERVICES (DIVISION) OF THE MISSISSIPPI 7
DEPARTMENT OF HUMAN SERVICES AS THE STATE UNIT ON AGING TO MANAGE 8
CERTAIN PROGRAMS RELATED TO THE OLDER ADULT POPULATION; TO CREATE 9
NEW SECTION 43-10-9, MISSISSIPPI CODE OF 1972, TO SET FORTH DUTIES 10
AND RESPONSIBILITIES OF THE DIVISION AND TO REQUIRE THE DIVISION 11
TO ESTABLISH CERTAIN POLICIES AND PROCEDURES; TO CREATE NEW 12
SECTION 43-10-11, MISSISSIPPI CODE OF 1972, TO REQUIRE THE 13
DIVISION TO ADOPT RULES TO IMPLEMENT THE PROVISIONS OF THIS ACT; 14
TO REPEAL SECTIONS 43-9-1 THROUGH 43-9-47, MISSISSIPPI CODE OF 15
1972, WHICH ARE THE PROVISIONS OF LAW THAT CONSTITUTE THE 16
MISSISSIPPI OLD AGE SECURITY LAW; AND FOR RELATED PURPOSES. 17
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 18
SECTION 1. The following shall be codified as Section 19
43-10-1, Mississippi Code of 1972: 20
43-10-1. This chapter shall be known and may be cited as the 21
"Older Mississippians Act." The duties established herein shall 22
be carried out by the Division of Aging and Adult Services 23
established within the Mississippi Department of Human Services. 24
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SECTION 2. The following shall be codified as Section 25
43-10-3, Mississippi Code of 1972: 26
43-10-3. The purpose of this chapter is to: 27
(a) Advise, assist and protect the state's older adults 28
to the greatest extent; 29
(b) Ensure that programs and services are developed and 30
implemented to be accessible to all older adults to assist them in 31
achieving or maintaining maximum independence and quality of life 32
with minimum levels of social dependence; 33
(c) Support and promote the efforts of families and 34
other caregivers in assisting older adults; 35
(d) Promote intergenerational activities that will 36
provide opportunities for citizens of all ages to enjoy the 37
enriching benefits of interaction and that will promote unity and 38
support for one another; 39
(e) Ensure that state government functions effectively 40
and efficiently in serving older adults through coordination of 41
policy development, planning and service delivery by all state 42
agencies relating to the older adult population of the state; 43
(f) Ensure that older adults are able to secure prompt, 44
adequate and accurate information and assistance regarding, but 45
not limited to, health, social welfare, long-term care, protective 46
services, consumer protection, education and training, housing, 47
employment, recreation, transportation, insurance and retirement; 48
and 49
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(g) Appoint Division of Aging and Adult Services within 50
the Mississippi Department of Human Services as the State Unit on 51
Aging that has lead responsibility for administering human service 52
programs for the older adults and for developing policy 53
recommendations for long-term care. 54
SECTION 3. The following shall be codified as Section 55
43-10-5, Mississippi Code of 1972: 56
43-10-5. As used in this chapter, the following terms shall 57
have the meaning ascribed herein: 58
(a) "Area agency on aging" means a single agency 59
designated by the State Unit on Aging to perform the functions 60
specified in the act for a planning and service area. 61
(b) "Best available data" means the most current 62
reliable data or population estimates available from the United 63
States Decennial Census, American Community Survey or other 64
high-quality, representative data available to the State Unit on 65
Aging. 66
(c) "Conflict(s) of interest" includes any of the 67
following: 68
(i) One or more conflicts between the private 69
interests and the official responsibilities of a person in a 70
position of trust; 71
(ii) One or more conflicts between competing 72
duties of an individual, or between the competing duties, services 73
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or programs of an organization, and/or portion of an organization; 74
or 75
(iii) Other conflicts of interest identified in 76
guidance issued by the Assistant Secretary for Aging and/or by 77
State Unit on Aging policies. 78
(d) "Cost sharing" means requesting payment using a 79
sliding scale, based only on an individual's income and the cost 80
of delivering a service, in a manner consistent with the 81
exceptions, prohibitions and other conditions set forth in the 82
chapter. 83
(e) "Department" means the Mississippi Department of 84
Human Services. 85
(f) "Direct services" means any activity performed to 86
provide services directly to an older adult or family caregiver, 87
groups of older persons or family caregivers or to the general 88
public by the staff or volunteers of a service provider, an area 89
agency on aging or a State Unit on Aging whether provided 90
in-person or virtually. Direct services shall not include state 91
or area plan administration and program development and 92
coordination activities. 93
(g) "Division" means the Division of Aging and Adult 94
Services of the Mississippi Department of Human Services. 95
(h) "Immediate family" within the context of 96
conflict(s) of interest as used in this chapter, means a member of 97
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the household or a relative with whom there is a close personal or 98
significant financial relationship. 99
(i) "In-home supportive services" means those 100
supportive services provided in the home as set forth in the Older 101
Americans Act, to include the following services and service 102
activities: 103
(i) Homemaker, personal care, home care, home 104
health and other aides; 105
(ii) Visiting and telephone or virtual 106
reassurance; 107
(iii) Chore maintenance; 108
(iv) Respite care for families, including adult 109
day care; and 110
(v) Minor modification of homes that is necessary 111
to facilitate the independence and health of older individuals and 112
that is not readily available under another program. 113
(j) "Service provider" means an entity that is awarded 114
funds, including through a grant, subgrant, contract or 115
subcontract, to provide direct services under the state or area 116
plan. 117
SECTION 4. The following shall be codified as Section 118
43-10-7, Mississippi Code of 1972: 119
43-10-7. The Division of Aging and Adult Services of the 120
Mississippi Department of Human Services is designated as the 121
State Unit on Aging (SUA) under the Older Americans Act of 1965, 122
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as amended, 42 USC § 3001 et seq., and shall exercise all 123
responsibilities under that act. The division is the State Unit 124
on Aging designated to manage all programs of the federal 125
government relating to the older adult population, by virtue of 126
funds appropriated through the Older Americans Act of 1965 and 127
subsequent amendments, requiring actions within the state which 128
are not the specific responsibility of another State Unit on Aging 129
under the provisions of federal or state law. Authority is hereby 130
conferred to the department to accept and use any funds in 131
accordance with established state budgetary procedures which might 132
become available pursuant to the purposes set out in this chapter. 133
SECTION 5. The following shall be codified as Section 134
43-10-9, Mississippi Code of 1972: 135
43-10-9. (1) The Division of Aging and Adult Services 136
shall: 137
(a) (i) Serve as the primary State Unit on Aging 138
responsible for administering human services programs for the 139
older adults and for developing policy and procedures for home and 140
community-based services, including, but not limited to, long-term 141
care; 142
(ii) Create public awareness and understanding of 143
the needs of older adults; 144
(iii) Study and plan for programs and services to 145
meet identified and projected needs of persons aged sixty (60) 146
years and older; 147
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(iv) Advocate quality programs and services for 148
the state's older adult population; 149
(v) Plan, coordinate and implement programs 150
serving the older adult population; 151
(vi) Oversee implementation of federally funded 152
and state-funded programs and services for the state's older adult 153
population; 154
(vii) Recommend legislative budget requests for 155
programs and services for the state's older adult population; 156
(viii) Assist older adults with securing needed 157
services in accordance with personal choice and in a manner that 158
achieves or maintains autonomy and prevents, reduces or eliminates 159
dependency; 160
(ix) Promote the maintenance and improvement of 161
the physical well-being and mental health of older adults; 162
(x) Promote the prevention of neglect, abuse or 163
exploitation of older adults who are unable to protect their own 164
interests; and 165
(xi) Aid in the support of families and other 166
caregivers of older adults; 167
(b) (i) Administer human services and long-term care 168
programs, including programs funded under the federal Older 169
Americans Act of 1965, as amended, 42 USC § 3001 et seq., and 170
other programs that are assigned to it by law; and 171
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(ii) Be responsible for ensuring that each area 172
agency on aging operates in a manner to ensure that the older 173
adults of this state receive the best services possible. The 174
division shall rescind designation of an area agency on aging or 175
take intermediate measures against the agency, including 176
corrective action, unannounced special monitoring, temporary 177
assumption of operation of one or more programs by the division, 178
placement on probationary status, imposing a moratorium on agency 179
action, imposing financial penalties for nonperformance or other 180
administrative action pursuant to the Mississippi Administrative 181
Procedures Act, if the division finds that: 182
1. An intentional or negligent act of the 183
agency has materially affected the health, welfare or safety of 184
older adults, or substantially and negatively affected the 185
operation of an aging services program; 186
2. The agency lacks financial stability 187
sufficient to meet contractual obligations or that contractual 188
funds have been misappropriated; 189
3. The agency has committed multiple or 190
repeated violations of legal and regulatory requirements or 191
department standards; 192
4. The agency has failed to continue the 193
provision or expansion of services after the declaration of a 194
state of emergency; 195
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ST: Older Mississippians Act; create.
5. The agency has exceeded its authority or 196
otherwise failed to adhere to the terms of its contract with the 197
department or has exceeded its authority or otherwise failed to 198
adhere to the provisions specifically provided by statute or rule 199
adopted by the department; 200
6. The agency has failed to properly 201
determine client eligibility as defined by the department or 202
efficiently manage program budgets; or 203
7. The agency has failed to implement and 204
maintain a department-approved procedure for client grievance 205
resolution. 206
(2) The Division of Aging and Adult Services shall establish 207
policies and procedures to ensure that the employees of the Area 208
Agency on Aging are complying with screening requirements for 209
direct services providers as required in the Older Americans Act 210
of 1965, as amended, 42 USC § 3001 et seq. 211
SECTION 6. The following shall be codified as Section 212
43-10-11, Mississippi Code of 1972: 213
43-10-11. The Division of Aging and Adult Services shall 214
adopt rules to implement the provisions of this chapter. 215
SECTION 7. Sections 43-9-1 through 43-9-47, Mississippi Code 216
of 1972, which are the provisions of law that constitute the 217
Mississippi Old Age Security Law, are repealed. 218
SECTION 8. This act shall take effect and be in force from 219
and after July 1, 2026. 220