Read the full stored bill text
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~ G1/2
26/SS26/R751
PAGE 1 (baf\tb)
To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Senator(s) Blackwell
SENATE BILL NO. 2749
AN ACT TO CREATE NEW SECTION 43-8-1, MISSISSIPPI CODE OF 1
1972, TO CREATE THE MISSISSIPPI LONG-TERM CARE OMBUDSMAN ACT; TO 2
CREATE NEW SECTION 43-8-3, MISSISSIPPI CODE OF 1972, TO SET FORTH 3
LEGISLATIVE PURPOSE; TO CREATE NEW SECTION 43-8-5, MISSISSIPPI 4
CODE OF 1972, TO DEFINE TERMS USED IN THE ACT; TO CREATE NEW 5
SECTION 43-8-7, MISSISSIPPI CODE OF 1972, TO CREATE THE STATE 6
LONG-TERM CARE OMBUDSMAN PROGRAM (PROGRAM) IN THE MISSISSIPPI 7
DEPARTMENT OF HUMAN SERVICES (DEPARTMENT) IN THE DIVISION OF AGING 8
AND ADULT SERVICES (DIVISION); TO CREATE NEW SECTION 43-8-9, 9
MISSISSIPPI CODE OF 1972, TO IDENTIFY THE PURPOSE OF THE PROGRAM 10
AND THE DUTIES AND AUTHORITY OF THE STATE LONG-TERM CARE OMBUDSMAN 11
(STATE OMBUDSMAN); TO CREATE NEW SECTION 43-8-11, MISSISSIPPI CODE 12
OF 1972, TO DIRECT THE STATE OMBUDSMAN TO DESIGNATE DISTRICTS TO 13
CARRY OUT THE DUTIES OF THE PROGRAM WITHIN LOCAL COMMUNITIES AND 14
TO SET FORTH DUTIES OF REPRESENTATIVES OF THE PROGRAM; TO CREATE 15
NEW SECTION 43-8-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE 16
STATE OMBUDSMAN AND REPRESENTATIVES OF THE PROGRAM ARE NOT 17
MANDATORY REPORTERS EXCEPT UNDER CERTAIN CIRCUMSTANCES; TO CREATE 18
NEW SECTION 43-8-15, MISSISSIPPI CODE OF 1972, TO PROHIBIT 19
CONFLICTS OF INTEREST AND REQUIRE REPRESENTATIVES TO CERTIFY PRIOR 20
TO APPOINTMENT AND ANNUALLY THAT HE OR SHE DOES NOT HAVE A 21
CONFLICT OF INTEREST; TO CREATE NEW SECTION 43-8-17, MISSISSIPPI 22
CODE OF 1972, TO DIRECT THE DEPARTMENT, IN CONSULTATION WITH THE 23
STATE OMBUDSMAN, TO ADOPT RULES IMPLEMENTING STATE AND LOCAL 24
COMPLAINT PROCEDURES; TO CREATE NEW SECTION 43-8-19, MISSISSIPPI 25
CODE OF 1972, TO REQUIRE A REPRESENTATIVE OF THE PROGRAM TO 26
IDENTIFY AND INVESTIGATE WITHIN A REASONABLE TIME CERTAIN 27
COMPLAINTS MADE BY OR ON BEHALF OF A RESIDENT; TO CREATE NEW 28
SECTION 43-8-21, MISSISSIPPI CODE OF 1972, TO REQUIRE A 29
REPRESENTATIVE OF THE PROGRAM TO CONDUCT PERIODIC ONSITE FACILITY 30
VISITS; TO CREATE NEW SECTION 43-8-23, MISSISSIPPI CODE OF 1972, 31
TO REQUIRE APPROPRIATE REMEDIAL ACTION AND THE ESTABLISHMENT OF 32
TARGET DATES FOR SUCH ACTION IN RESPONSE TO CERTAIN COMPLAINTS; TO 33
CREATE NEW SECTION 43-8-25, MISSISSIPPI CODE OF 1972, TO DESIGNATE 34
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 2 (baf\tb)
CERTAIN INFORMATION AS CONFIDENTIAL; TO CREATE NEW SECTION 35
43-8-27, MISSISSIPPI CODE OF 1972, TO REQUIRE THE OFFICE OF THE 36
STATE LONG-TERM CARE OMBUDSMAN PROGRAM TO ESTABLISH A STATEWIDE 37
TOLL-FREE TELEPHONE NUMBER AND E-MAIL ADDRESS FOR RECEIVING 38
COMPLAINTS CONCERNING MATTERS ADVERSELY AFFECTING THE HEALTH, 39
SAFETY, WELFARE OR RIGHTS OF RESIDENTS; TO PROVIDE INFORMATION 40
RELATED TO THE PROGRAM TO EACH RESIDENT OR REPRESENTATIVE OF A 41
RESIDENT UPON ADMISSION TO A LONG-TERM CARE FACILITY; TO CREATE 42
NEW SECTION 43-8-29, MISSISSIPPI CODE OF 1972, TO PROVIDE 43
IMMUNITY; TO CREATE NEW SECTION 43-8-31, MISSISSIPPI CODE OF 1972, 44
TO REQUIRE LONG-TERM CARE FACILITIES TO PROVIDE REPRESENTATIVES OF 45
THE PROGRAM WITH ACCESS TO CERTAIN RECORDS; TO CREATE NEW SECTION 46
43-8-33, MISSISSIPPI CODE OF 1972, TO PROHIBIT INTERFERENCE WITH A 47
REPRESENTATIVE OF THE PROGRAM IN THE PERFORMANCE OF OFFICIAL 48
DUTIES AND TO ESTABLISH PENALTIES FOR VIOLATIONS; TO CREATE NEW 49
SECTION 43-8-35, MISSISSIPPI CODE OF 1972, TO REQUIRE THE 50
DEPARTMENT TO MEET THE COSTS OF THE PROGRAM FROM APPROPRIATED 51
FUNDS; TO CREATE NEW SECTION 43-8-37, MISSISSIPPI CODE OF 1972, TO 52
DIRECT THE PROGRAM TO MAINTAIN A STATEWIDE UNIFORM REPORTING 53
SYSTEM TO COLLECT AND ANALYZE DATA RELATING TO COMPLAINTS AND 54
CONDITIONS IN LONG-TERM CARE FACILITIES AND TO RESIDENTS FOR THE 55
PURPOSE OF IDENTIFYING AND RESOLVING COMPLAINTS AND TO ANNUALLY 56
PUBLISH INFORMATION PERTAINING TO THE NUMBER AND TYPES OF 57
COMPLAINTS RECEIVED; TO CREATE NEW SECTION 43-8-39, MISSISSIPPI 58
CODE OF 1972, TO PROVIDE THAT THE STATE OMBUDSMAN SHALL ENSURE 59
THAT APPROPRIATE TRAINING IS PROVIDED TO ALL REPRESENTATIVES OF 60
THE PROGRAM; TO REPEAL SECTIONS 43-7-51 THROUGH 43-7-79, 61
MISSISSIPPI CODE OF 1972, WHICH ARE THE PROVISIONS OF LAW THAT 62
CONSTITUTE THE LONG-TERM CARE FACILITIES OMBUDSMAN ACT; AND FOR 63
RELATED PURPOSES. 64
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 65
SECTION 1. The following shall be codified as Section 66
43-8-1, Mississippi Code of 1972: 67
43-8-1. This chapter shall be known as and may be cited as 68
the "Mississippi Long-Term Care Ombudsman Act." 69
SECTION 2. The following shall be codified as Section 70
43-8-3, Mississippi Code of 1972: 71
43-8-3. (1) In accordance with the Older Americans Act of 72
1965, as amended, 42 USC § 3001 et seq., the state must establish 73
and operate an Office of State Long-Term Care Ombudsman, to be 74
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 3 (baf\tb)
headed by the State Long-Term Care Ombudsman, and carry out a 75
long-term care ombudsman program. 76
(2) It is the purpose of this chapter, under the leadership 77
of the State Long-Term Care Ombudsman, to operate a state 78
ombudsman program, which shall, without interference by any 79
executive agency, undertake to discover, investigate and determine 80
the presence of conditions or individuals that constitute a threat 81
to the rights, health, safety or welfare of the residents of 82
long-term care facilities. The State Long-Term Care Ombudsman 83
Program shall further enforce laws, rules and regulations that 84
safeguard the health, safety and welfare of residents. 85
SECTION 3. The following shall be codified as Section 86
43-8-5, Mississippi Code of 1972: 87
43-8-5. As used in this chapter, the following terms shall 88
have the meaning ascribed herein: 89
(a) "Administrator" means any person with the general 90
administration or supervision of a long-term care facility without 91
regard to whether such person has any ownership interest in such 92
facility or to whether such person's function and duties are 93
shared with one or more other persons. 94
(b) "Department" means the Mississippi Department of 95
Human Services. 96
(c) "District" means a geographical area designated by 97
the state ombudsman in which individuals certified as ombudsmen 98
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 4 (baf\tb)
carry out the duties of the State Long-Term Care Ombudsman 99
Program. 100
(d) "Division" means the Division of Aging and Adult 101
Services of the Mississippi Department of Human Services. 102
(e) "Division Director" means the Division Director of 103
Aging and Adult Services of the Mississippi Department of Human 104
Services. 105
(f) "Executive Director" means the Executive Director 106
of the Mississippi Department of Human Services. 107
(g) "Facility visit" means a review of conditions in a 108
long-term care facility which impact the rights, health, safety 109
and welfare of residents with the purpose of noting needed 110
improvement and making recommendations to enhance the quality of 111
life for residents. 112
(h) "Family Council" means a group of residents' family 113
members that meets regularly to discuss and offer suggestions 114
about facility policies and procedures affecting residents' care, 115
treatment and quality of life, support each other, plan resident 116
and family activities, participate in educational activities or 117
for any other purpose. 118
(i) "Resident Council" means a group of residents that 119
meets regularly to discuss and offer suggestions about facility 120
policies and procedures affecting residents' care, treatment and 121
quality of life, support each other, plan resident and family 122
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 5 (baf\tb)
activities, participate in educational activities or for any other 123
purpose. 124
(j) "Long-term care facility" means any skilled nursing 125
facility, extended care home, intermediate care facility, personal 126
care home or boarding home which is subject to licensure by the 127
Mississippi Department of Health. 128
(k) "Office" means the Office of the State Long-Term 129
Care Ombudsman Program created by Section 43-8-7. 130
(l) "Ombudsman" means an individual who has been 131
certified by the state ombudsman and meets the requirements 132
prescribed under this chapter. 133
(m) "Representative of the State Long-Term Care 134
Ombudsman Program" means the state ombudsman, deputy state 135
ombudsman, or individual designated to carry out the duties of the 136
Office of the State Long-Term Care Ombudsman. "Local ombudsman" 137
shall have the same meaning as "representative of the State 138
Long-Term Care Ombudsman Program". 139
(n) "Resident" means an individual who resides in a 140
long-term care facility. 141
(o) "Resident representative" means any of the 142
following: 143
(i) An individual chosen by a resident to act on 144
behalf of the resident in order to support the resident in 145
decision-making; access the resident's medical, social or other 146
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 6 (baf\tb)
personal information; manage the resident's financial matters; or 147
receive notifications pertaining to the resident; 148
(ii) A person authorized by state or federal law, 149
including, but not limited to, agents under power of attorney, 150
representative payees and other fiduciaries, to act on behalf of a 151
resident to support the resident in decision-making; access the 152
resident's medical, social or other personal information; manage 153
the resident's financial matters; or receive notifications 154
pertaining to the resident; 155
(iii) Legal representative, as used in Section 712 156
of the Older Americans Act of 1965, as amended, 42 USC § 3058g; or 157
(iv) The court-appointed guardian or conservator 158
of a resident. 159
Nothing in this chapter is intended to expand the scope of 160
authority of any resident representative beyond that authority 161
specifically authorized by the resident, state or federal law or a 162
court of competent jurisdiction. 163
(p) "State ombudsman" means the State Long-Term Care 164
Ombudsman, who is the individual appointed by the Executive 165
Director of the Mississippi Department of Human Services to head 166
the State Long-Term Care Ombudsman Program. 167
(q) "State ombudsman program" means the State Long-Term 168
Care Ombudsman Program, through which the functions and duties of 169
the program as described in this chapter are carried out, 170
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 7 (baf\tb)
operating under the direction of the State Long-Term Care 171
Ombudsman. 172
SECTION 4. The following shall be codified as Section 173
43-8-7, Mississippi Code of 1972: 174
43-8-7. (1) There is created the State Long-Term Care 175
Ombudsman Program in the Mississippi Department of Human Services. 176
The State Long-Term Care Ombudsman Program shall be located within 177
the department in the Division of Aging and Adult Services. 178
(2) The State Long-Term Care Ombudsman Program shall be 179
headed by the State Long-Term Care Ombudsman, who shall serve on a 180
full-time basis and shall personally, or through representatives 181
of the program, carry out its purposes and functions in accordance 182
with state and federal law. The state ombudsman shall be 183
appointed by and shall serve at the pleasure of the executive 184
director. The executive director shall appoint a person who has 185
expertise and experience in the fields of long-term care and 186
advocacy to serve as state ombudsman. 187
(3) The division shall have a designated legal counsel, who 188
shall advise, assist and aid the state ombudsman and shall be a 189
member in good standing of The Mississippi Bar. The duties of the 190
legal counsel shall include, but not be limited to: 191
(a) Assisting the state ombudsman in carrying out the 192
duties of the office with respect to the health, safety, welfare 193
or violation of rights of residents of long-term care facilities; 194
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 8 (baf\tb)
(b) Assisting the representatives of the State 195
Long-Term Care Ombudsman Program in carrying out their 196
responsibilities under this chapter; 197
(c) Pursuing or assisting in the pursuit of 198
administrative, legal, and other appropriate remedies on behalf of 199
the office and its representatives; and 200
(d) Serving or assisting as legal counsel to the 201
representatives of the State Long-Term Care Ombudsman Program in 202
any suit or other legal action that is initiated in connection 203
with the performance of the official duties of the representatives 204
of the State Long-Term Care Ombudsman Program. 205
SECTION 5. The following shall be codified as Section 206
43-8-9, Mississippi Code of 1972: 207
43-8-9. (1) The purpose of the State Long-Term Care 208
Ombudsman Program is to: 209
(a) Identify, investigate and resolve complaints made 210
by or on behalf of residents of long-term care facilities relating 211
to actions or omissions by providers or representatives of 212
providers of long-term care services, other public or private 213
agencies, guardians or representative payees that may adversely 214
affect the health, safety, welfare or rights of the residents; 215
(b Provide services that assist in protecting the 216
health, safety, welfare and rights of residents; 217
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 9 (baf\tb)
(c) Inform residents, their representatives and other 218
citizens about obtaining the services of the State Long-Term Care 219
Ombudsman Program and its representatives; 220
(d) Ensure that residents have regular and timely 221
access to the services provided through the State Long-Term Care 222
Ombudsman Program and that residents and complainants receive 223
timely responses from representatives of the State Long-Term Care 224
Ombudsman Program to their complaints; 225
(e) Represent the interests of residents before 226
governmental agencies, assure that individual residents have 227
access to and are able to pursue, as the state ombudsman 228
determines as necessary and consistent with resident interests, 229
administrative, legal and other remedies to protect the health, 230
safety, welfare and rights of the residents; 231
(f) Analyze, comment on and monitor the development and 232
implementation of federal, state and local laws, rules and 233
regulations, and other governmental policies and actions, that 234
pertain to the health, safety, welfare and rights of the 235
residents, with respect to the adequacy of long-term care 236
facilities and services in the state, and recommend any changes in 237
such laws, rules, regulations, policies and actions as the office 238
determines to be appropriate and necessary; and 239
(g) Provide technical support for the development of 240
resident and family councils to protect the well-being and rights 241
of residents. 242
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 10 (baf\tb)
(2) The State Long-Term Care Ombudsman has the duty and 243
authority to: 244
(a) Establish and coordinate districts throughout the 245
state; 246
(b) Perform the duties specified in state and federal 247
law, rules and regulations; 248
(c) Within the limits of appropriated federal and state 249
funding, employ such personnel as necessary to perform adequately 250
the functions of the office. Staff positions established for the 251
purpose of coordinating the activities of each local council and 252
assisting its members may be filled by the state ombudsman upon 253
approval by the division director. Notwithstanding any other 254
provision of this section, upon certification by the state 255
ombudsman that the staff member hired to fill any such position 256
has completed the initial training required, such person shall be 257
considered a representative of the State Long-Term Care Ombudsman 258
Program for purposes of this section; 259
(d) Contract for services necessary to carry out the 260
activities of the office; 261
(e) Apply for, receive and accept grants, gifts or 262
other payments, including, but not limited to, real property, 263
personal property and services from a governmental entity or other 264
public or private entity or person, and make arrangements for the 265
use of such grants, gifts or payments; 266
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 11 (baf\tb)
(f) Coordinate, to the greatest extent possible, state 267
and local ombudsman services with the protection and advocacy 268
systems for individuals with developmental disabilities and mental 269
illnesses and with legal assistance programs for the poor through 270
adoption of memoranda of understanding and other means; and 271
(g) Prepare an annual report describing the activities 272
carried out by the office and the districts during the preceding 273
year. The state ombudsman shall submit the report, no later than 274
February 15 of each year, to the division director, the Governor, 275
the Lieutenant Governor, the Office of the Attorney General 276
Medicaid Fraud Control Unit and the State Department of Health. 277
The report must, at a minimum: 278
(i) Contain and analyze data collected concerning 279
complaints about and conditions in long-term care facilities and 280
the disposition of such complaints; 281
(ii) Evaluate the problems experienced by 282
residents; 283
(iii) Analyze the successes of the State Long-Term 284
Care Ombudsman Program during the preceding year, including an 285
assessment of how successfully the program has carried out its 286
responsibilities under the Older Americans Act of 1965, as 287
amended, 42 USC § 3001 et seq.; 288
(iv) Provide recommendations for policy, 289
regulatory and statutory changes designed to solve identified 290
problems; resolve residents' complaints; improve residents' lives 291
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 12 (baf\tb)
and quality of care; protect residents' rights, health, safety and 292
welfare; and remove any barriers to the optimal operation of the 293
State Long-Term Care Ombudsman Program; 294
(v) Contain recommendations from the State 295
Long-Term Care Ombudsman Council regarding program functions and 296
activities and recommendations for policy, regulatory and 297
statutory changes designed to protect residents' rights, health, 298
safety and welfare; and 299
(vi) Contain any relevant recommendations from the 300
representatives of the State Long-Term Care Ombudsman Program 301
regarding program functions and activities. 302
SECTION 6. The following shall be codified as Section 303
43-8-11, Mississippi Code of 1972: 304
43-8-11. (1) The state ombudsman shall designate districts 305
to carry out the duties of the State Long-Term Care Ombudsman 306
Program within local communities. Each district shall function 307
under the direction of the state ombudsman. 308
(a) The state ombudsman shall ensure that at least one 309
(1) individual certified by the department as a long-term care 310
ombudsman is operating in each district. The state ombudsman 311
shall ensure that residents throughout the state have adequate 312
access to State Long-Term Care Ombudsman Program services. 313
(b) Each district shall convene a public meeting at 314
least quarterly. 315
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 13 (baf\tb)
(2) The duties of the representatives of the State Long-Term 316
Care Ombudsman Program are to: 317
(a) Provide services to assist in protecting the 318
health, safety, welfare and rights of residents. 319
(b) Identify, investigate and resolve complaints made 320
by or on behalf of residents relating to actions or omissions by 321
providers of long-term care services, other public agencies, 322
guardians, or representative payees which may adversely affect the 323
health, safety, welfare or rights of residents. 324
(c) Review and, if necessary, comment on all existing 325
or proposed rules, regulations and other governmental policies and 326
actions relating to long-term care facilities that may potentially 327
have an effect on the health, safety, welfare and rights of 328
residents. 329
(d) Seek administrative, legal and other remedies to 330
protect the health, safety, welfare and rights of residents. 331
(e) Provide technical assistance for the development of 332
resident and family councils at long-term care facilities. 333
(f) Carry out other activities that the state ombudsman 334
determines to be appropriate. 335
(3) In order to carry out the duties specified in subsection 336
(2) of this section, a representative of the State Long-Term Care 337
Ombudsman Program is authorized to enter any long-term care 338
facility without notice or first obtaining a warrant. 339
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 14 (baf\tb)
(4) Each district shall be composed of ombudsmen whose 340
primary residences are located within the boundaries of the 341
district. Upon good cause shown, the state ombudsman may appoint 342
an ombudsman to another district. 343
(a) The following individuals may not be appointed as 344
ombudsmen: 345
(i) The owner or representative of a long-term 346
care facility; 347
(ii) A provider or representative of a provider of 348
long-term care service; 349
(iii) An employee of the State Department of 350
Health; 351
(iv) An individual who is employed in the State 352
Long-Term Care Ombudsman Program; or 353
(v) An employee of the Division of Medicaid. 354
(b) To be appointed as an ombudsman, an individual 355
must: 356
(i) Submit an application to the state ombudsman 357
or his or her designee; and 358
(ii) Successfully complete a background screening; 359
(c) The state ombudsman shall approve or deny the 360
appointment of an individual as an ombudsman. If the state 361
ombudsman rescinds the approval of an ombudsman, the state 362
ombudsman shall ensure that the individual may no longer represent 363
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 15 (baf\tb)
the State Long-Term Care Ombudsman Program until the state 364
ombudsman provides his or her approval. 365
(d) Upon appointment as an ombudsman, the individual may 366
participate in district activities but may not represent the 367
program or conduct any authorized program duties until the 368
individual has completed the initial training and has been 369
certified by the state ombudsman. 370
(e) The state ombudsman may rescind the appointment of an 371
individual as an ombudsman for good cause shown, such as 372
development of a conflict of interest, failure to adhere to the 373
policies and procedures established by the State Long-Term Care 374
Ombudsman Program or demonstrated inability to carry out the 375
responsibilities of the program. After an appointment is 376
rescinded, the individual may not conduct any duties as an 377
ombudsman and may not represent the State Long-Term Care Ombudsman 378
Program. 379
(5) A representative of the State Long-Term Care Ombudsman 380
Program may call upon appropriate state agencies for professional 381
assistance as needed in the discharge of his or her duties, and 382
such state agencies shall cooperate in providing requested 383
information and agency representation. 384
SECTION 7. The following shall be codified as Section 385
43-8-13, Mississippi Code of 1972: 386
43-8-13. The state ombudsman and representatives of the 387
State Long-Term Care Ombudsman Program shall not be mandatory 388
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 16 (baf\tb)
reporters as defined by the laws of this state, and are exempt 389
from mandatory reporting requirements regarding abuse, neglect or 390
exploitation that would be made to adult protective services or 391
any other entity, long-term care facility or other concerned 392
persons, including when such reporting would disclose identifying 393
information of a complaint or resident without appropriate consent 394
or court order, except under the following circumstances described 395
in this section: 396
(a) If a resident is unable to communicate their 397
informed consent or perspective on the extent to which the matter 398
has been satisfactorily resolved, the state ombudsman or 399
representative of the State Long-Term Care Ombudsman Program may 400
rely on the communication by a resident representative of informed 401
consent and/or perspective regarding the resolution of the 402
complaint if the state ombudsman or representative of the State 403
Long-Term Care Ombudsman Program has no reasonable cause to 404
believe that the resident representative is not acting in the best 405
interests of the resident. 406
(b) The state ombudsman or representative of the State 407
Long-Term Care Ombudsman Program may refer the matter and disclose 408
resident-identifying information to the appropriate agency or 409
agencies for regulatory oversight; protective services; access to 410
administrative, legal or other remedies; and/or law enforcement 411
action in the following circumstances: 412
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 17 (baf\tb)
(i) The resident is unable to communicate informed 413
consent to state ombudsman or representative of the State 414
Long-Term Care Ombudsman Program; 415
(ii) The resident has no resident representative; 416
(iii) The state ombudsman or representative of the 417
State Long-Term Care Ombudsman Program has reasonable cause to 418
believe that an action, inaction or decision may adversely affect 419
the health, safety, welfare or rights of the resident; 420
(iv) The state ombudsman or representative of the 421
State Long-Term Care Ombudsman Program has no evidence indicating 422
that the resident would not wish a referral to be made; 423
(v) The state ombudsman or representative of the 424
State Long-Term Care Ombudsman Program has reasonable cause to 425
believe that it is in the best interest of the resident to make a 426
referral; or 427
(vi) The representative of the State Long-Term 428
Care Ombudsman Program obtains the approval of the state ombudsman 429
or otherwise follows the policies and procedures of the Office. 430
(c) If the state ombudsman or representative of the 431
State Long-Term Care Ombudsman Program personally witnesses 432
suspected abuse, gross neglect or exploitation of a resident, the 433
state ombudsman or representative of the office shall seek 434
communication of informed consent from such resident to disclose 435
resident-identifying information to appropriate agencies. 436
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 18 (baf\tb)
(i) Where such a resident described in paragraph 437
(a) of this section can communicate informed consent, or has a 438
resident representative available to provide informed consent, the 439
state ombudsman or representative of the State Long-Term Care 440
Ombudsman Program shall follow the direction of the resident or 441
resident representative; or 442
(ii) Where the resident described in paragraph (a) 443
of this section is unable to communicate informed consent, and has 444
no resident representative available to provide informed consent, 445
the state ombudsman or representative of the State Long-Term Care 446
Ombudsman Program shall open a case with the state ombudsman or 447
representative of the State Long-Term Care Ombudsman Program as 448
the complainant, follow the office's complaint resolution 449
procedures, and shall refer the matter and disclose identifying 450
information of the resident to the management of the facility in 451
which the resident resides and/or to the appropriate agency or 452
agencies for substantiation of abuse, gross neglect or 453
exploitation if all of the following apply: 454
1. The state ombudsman or representative of 455
the State Long-Term Care Ombudsman Program has no evidence 456
indicating that the resident would not wish a referral to be made; 457
2. The state ombudsman or representative of 458
the State Long-Term Care Ombudsman Program has reasonable cause to 459
believe that disclosure would be in the best interest of the 460
resident; and 461
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 19 (baf\tb)
3. The representative of the State Long-Term 462
Care Ombudsman Program obtains the approval of the state ombudsman 463
or otherwise follows the policies and procedures of the office. 464
(iii) The state ombudsman or representative of the 465
State Long-Term Care Ombudsman Program, following the policies and 466
procedures of the office, may report the suspected abuse, gross 467
neglect or exploitation to other appropriate agencies for 468
regulatory oversight; protective services; access to 469
administrative, legal or other remedies; and/or law enforcement 470
action. 471
SECTION 8. The following shall be codified as Section 472
43-8-15, Mississippi Code of 1972: 473
43-8-15. (1) A representative of the State Long-Term Care 474
Ombudsman Program shall not: 475
(a) Have a direct involvement in the licensing or 476
certification of, or an ownership or investment interest in, a 477
long-term care facility or a provider of a long-term care service; 478
(b) Be employed by, or participate in the management 479
of, a long-term care facility; or 480
(c) Receive, or have a right to receive, directly or 481
indirectly, remuneration, in cash or in kind, under a compensation 482
agreement with the owner or operator of a long-term care facility. 483
(2) Each representative of the State Long-Term Care 484
Ombudsman Program shall certify, prior to appointment, that he or 485
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 20 (baf\tb)
she does not have a conflict of interest, and shall submit such a 486
certification at the end of each calendar year. 487
(3) The department, in consultation with the state 488
ombudsman, shall define by rule the following: 489
(a) Situations constituting a conflict of interest that 490
could materially affect the objectivity or capacity of an 491
individual to serve as a representative of the State Long-Term 492
Care Ombudsman Program while carrying out the purposes of the 493
State Long-Term Care Ombudsman Program as specified in this 494
chapter; 495
(b) The procedure by which an individual must certify 496
that he or she does not have a conflict of interest; and 497
(c) The regularity with which an individual must update 498
an annual certificate. 499
SECTION 9. The following shall be codified as Section 500
43-8-17, Mississippi Code of 1972: 501
43-8-17. The department, in consultation with the state 502
ombudsman, shall adopt rules implementing state and local 503
complaint procedures. The rules must include procedures for 504
receiving, investigating, identifying and resolving complaints 505
concerning the health, safety, welfare and rights of residents. 506
SECTION 10. The following shall be codified as Section 507
43-8-19, Mississippi Code of 1972: 508
43-8-19. (1) A representative of the State Long-Term Care 509
Ombudsman Program shall identify and investigate, within a 510
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 21 (baf\tb)
reasonable time after a complaint is made, by or on behalf of a 511
resident relating to actions or omissions by providers or 512
representatives of providers of long-term care services, other 513
public agencies, guardians or representative payees which may 514
adversely affect the health, safety, welfare or rights of 515
residents. 516
(2) If a representative of the State Long-Term Care 517
Ombudsman Program is not allowed to enter a long-term care 518
facility, the administrator of the facility shall be considered to 519
have interfered with a representative of the State Long-Term Care 520
Ombudsman Program in the performance of official duties as 521
described in this chapter, and to have violated this section. The 522
representative of the State Long-Term Care Ombudsman Program shall 523
report a facility's refusal to allow entry to the state ombudsman 524
or his or her designee, who shall report the incident to the 525
Department of Health. 526
SECTION 11. The following shall be codified as Section 527
43-8-21, Mississippi Code of 1972: 528
43-8-21. (1) A representative of the State Long-Term Care 529
Ombudsman Program shall conduct, at least annually, an onsite 530
facility visit of each nursing home, assisted living facility and 531
adult family-care home in this state. This facility visit must be 532
comprehensive in nature, must be resident-centered and must focus 533
on factors affecting residents' rights, health, safety and 534
welfare. 535
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 22 (baf\tb)
(a) To the extent possible and reasonable, the facility 536
visit may not duplicate the efforts of surveys and inspections of 537
long-term care facilities conducted by state agencies. 538
(b) A facility visit shall be conducted at a time and 539
for a duration necessary to produce the information required to 540
complete the assessment. 541
(c) Advance notice of a facility visit may not be 542
provided to a long-term care facility. 543
(d) A representative of the State Long-Term Care 544
Ombudsman Program present for the facility visit must identify 545
himself or herself to the administrator of the facility or his or 546
her designee. 547
(e) A facility visit may not unreasonably interfere 548
with the programs and activities of residents. 549
(f) A representative of the State Long-Term Care 550
Ombudsman Program may not enter a single-family residential unit 551
within a long-term care facility during a facility visit without 552
the permission of the resident or the representative of the 553
resident. 554
(g) A facility visit must be conducted in a manner that 555
does not impose an unreasonable burden on a long-term care 556
facility. 557
(h) Upon completion of a facility visit, an exit 558
consultation must be conducted with the facility administrator or 559
a designee representing the facility to discuss issues and 560
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 23 (baf\tb)
concerns in areas affecting residents' rights, health, safety and 561
welfare and, if needed, provide recommendations for improvement. 562
(2) An onsite facility visit may not be accomplished by 563
forcible entry. However, if a representative of the State 564
Long-Term Care Ombudsman Program is not allowed to enter a 565
long-term care facility, the administrator of the facility shall 566
be considered to have interfered with a representative of the 567
State Long-Term Care Ombudsman Program in the performance of 568
official duties as described in this chapter and to have committed 569
a violation of this section. The representative of the State 570
Long-Term Care Ombudsman Program shall report the refusal by a 571
facility to allow entry to the state ombudsman or his or her 572
designee, who shall report the incident to the Department of 573
Health. 574
(3) The department, in consultation with the state 575
ombudsman, may adopt rules implementing procedures for conducting 576
onsite facility visits of long-term care facilities. 577
SECTION 12. The following shall be codified as Section 578
43-8-23, Mississippi Code of 1972: 579
43-8-23. (1) Any complaint verified by a representative of 580
the State Long-Term Care Ombudsman Program as a result of an 581
investigation which is determined to require remedial action may 582
be identified and brought to the attention of the long-term care 583
facility administrator subject to the confidentiality provisions 584
of this chapter. Upon receipt of the information, the 585
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 24 (baf\tb)
administrator, with the concurrence of the representative of the 586
State Long-Term Care Ombudsman Program, shall establish target 587
dates for taking appropriate remedial action. If, by the target 588
date, the remedial action is not completed or forthcoming, the 589
representative of the State Long-Term Care Ombudsman Program may 590
extend the target date if there is reason to believe such action 591
would facilitate the resolution of the complaint, or the 592
representative of the State Long-Term Care Ombudsman Program may 593
refer the complaint to the state ombudsman, who may refer the 594
complaint to the Department of Health. 595
(2) If the representative of the State Long-Term Care 596
Ombudsman Program determines that the health, safety, welfare or 597
rights of a resident are in imminent danger, the representative of 598
the State Long-Term Care Ombudsman Program must immediately notify 599
the Department of Health and the state ombudsman. 600
SECTION 13. The following shall be codified as Section 601
43-8-25, Mississippi Code of 1972: 602
43-8-25. (1) The following information shall be 603
confidential: 604
(a) Resident records held by the ombudsman or by the 605
state or a local ombudsman council; and 606
(b) The names or identities of the complainants or 607
residents involved in a complaint, including any problem 608
identified by an ombudsman council as a result of an 609
investigation, unless: 610
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 25 (baf\tb)
(i) The complainant or resident, or the legal 611
representative of the complainant or resident, consents to the 612
disclosure in writing; 613
(ii) The complainant or resident consents orally 614
and the consent is documented contemporaneously in writing by the 615
ombudsman council requesting such consent; or 616
(iii) The disclosure is required by court order. 617
(2) Members of any state or local ombudsman council shall 618
not be required to testify in any court with respect to matters 619
held to be confidential except as may be necessary to enforce the 620
provisions of this chapter. 621
(3) Subject to the provisions of this section, the Office of 622
State Long-Term Care Ombudsman shall adopt rules for the 623
disclosure by the ombudsman of files maintained by the program. 624
(4) This section shall not limit the subpoena power of the 625
Office of the Attorney General. 626
SECTION 14. The following shall be codified as Section 627
43-8-27, Mississippi Code of 1972: 628
43-8-27. (1) The office shall establish a statewide 629
toll-free telephone number and email address for receiving 630
complaints concerning matters adversely affecting the health, 631
safety, welfare or rights of residents. 632
(2) Upon admission to a long-term care facility, each 633
resident or representative of a resident must receive information 634
regarding: 635
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 26 (baf\tb)
(a) The purpose of the State Long-Term Care Ombudsman 636
Program; 637
(b) The statewide toll-free telephone number and email 638
address for receiving complaints; 639
(c) Information that retaliatory action cannot be taken 640
against a resident for presenting grievances or for exercising any 641
other resident right; and 642
(d) Other relevant information regarding how to contact 643
representatives of the State Long-Term Care Ombudsman Program. 644
(3) Each resident or his or her representative must be 645
furnished additional copies of the information described under 646
subsection (2) of this section upon request. 647
SECTION 15. The following shall be codified as Section 648
43-8-29, Mississippi Code of 1972: 649
43-8-29. (1) Any person making a complaint pursuant to this 650
chapter who does so in good faith shall be immune from any 651
liability, civil or criminal, that otherwise might be incurred or 652
imposed as a direct or indirect result of making the complaint. 653
(2) Representatives of the State Long-Term Care Ombudsman 654
Program are immune from any liability, civil or criminal, that 655
otherwise might be incurred or imposed during the good faith 656
performance of official duties. 657
SECTION 16. The following shall be codified as Section 658
43-8-31, Mississippi Code of 1972: 659
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 27 (baf\tb)
43-8-31. (1) A long-term care facility shall provide 660
representatives of the State Long-Term Care Ombudsman Program with 661
access to: 662
(a) The long-term care facility and its residents; 663
(b) Where appropriate, medical and social records of a 664
resident for review, if: 665
(i) The representative of the State Long-Term Care 666
Ombudsman Program has the permission of the resident or the legal 667
representative of the resident; or 668
(ii) The resident is unable to consent to the 669
review and does not have a legal representative; 670
(c) Medical and social records of a resident as 671
necessary to investigate a complaint, if: 672
(i) A legal representative or guardian of the 673
resident refuses to give permission; 674
(ii) The representative of the State Long-Term 675
Care Ombudsman Program has reasonable cause to believe that the 676
legal representative or guardian is not acting in the best 677
interests of the resident; and 678
(iii) The representative of the State Long-Term 679
Care Ombudsman Program obtains the approval of the state 680
ombudsman; 681
(d) Administrative records, policies and documents to 682
which residents or the general public have access; and 683
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 28 (baf\tb)
(e) Upon request, copies of all licensing and 684
certification records maintained by the state with respect to a 685
long-term care facility. 686
(2) The department, in consultation with the state 687
ombudsman, may adopt rules to establish procedures to ensure 688
access to facilities, residents and records as described in this 689
section. 690
SECTION 17. The following shall be codified as Section 691
43-8-33, Mississippi Code of 1972: 692
43-8-33. (1) A person or long-term care facility or other 693
entity may not willfully interfere with a representative of the 694
State Long-Term Care Ombudsman Program in the performance of 695
official duties. 696
(2) A person or long-term care facility or other entity may 697
not knowingly or willfully take action or retaliate against any 698
resident, employee or other person for filing a complaint with, 699
providing information to or otherwise cooperating with any 700
representative of the State Long-Term Care Ombudsman Program. 701
(3) A person or long-term care facility or other entity that 702
violates this section: 703
(a) Is liable for damages and equitable relief as 704
determined by law; and 705
(b) Is guilty of a misdemeanor and, upon conviction, 706
shall be punished by a fine not exceeding Five Thousand Dollars 707
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 29 (baf\tb)
($5,000.00), or by imprisonment in the county jail for not more 708
than six (6) months, or both such fine and imprisonment. 709
SECTION 18. The following shall be codified as Section 710
43-8-35, Mississippi Code of 1972: 711
43-8-35. (1) The department shall meet the costs associated 712
with the State Long-Term Care Ombudsman Program from funds 713
appropriated to it. 714
(a) The department shall include the costs associated 715
with support of the State Long-Term Care Ombudsman Program when 716
developing its budget requests for consideration by the Governor 717
and submittal to the Legislature. 718
(b) The department may divert from the federal 719
ombudsman appropriation an amount equal to the department's 720
administrative cost ratio to cover the costs associated with 721
administering the State Long-Term Care Ombudsman Program. The 722
remaining allotment from the Older Americans Act program shall be 723
expended on direct ombudsman activities. 724
(2) The department shall monitor the State Long-Term Care 725
Ombudsman Program and its representatives to ensure the office is 726
carrying out the duties delegated to it by state and federal law. 727
(3) The department shall be responsible for ensuring that 728
the State Long-Term Care Ombudsman Program: 729
(a) Has the objectivity and independence required to 730
qualify it for funding under the federal Older Americans Act; 731
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 30 (baf\tb)
(b) Provides information to public and private 732
agencies, legislators, and others; 733
(c) Provides appropriate training to representatives of 734
the State Long-Term Care Ombudsman Program; and 735
(d) Coordinates ombudsman services with the Division of 736
Aging and Adult Services, area agencies on aging, and with 737
providers of legal services to residents of long-term care 738
facilities in compliance with state and federal laws. 739
(4) The department shall also be responsible for: 740
(a) Receiving and disbursing state and federal funds 741
for purposes that the state ombudsman has formulated in accordance 742
with the Older Americans Act; and 743
(b) Whenever necessary, acting as liaison between 744
agencies and branches of the federal and state governments and the 745
State Long-Term Care Ombudsman Program. 746
SECTION 19. The following shall be codified as Section 747
43-8-37, Mississippi Code of 1972: 748
43-8-37. The State Long-Term Care Ombudsman Program shall 749
maintain a statewide uniform reporting system to collect and 750
analyze data relating to complaints and conditions in long-term 751
care facilities and to residents for the purpose of identifying 752
and resolving complaints. Information pertaining to the number 753
and types of complaints received by the State Long-Term Care 754
Ombudsman Program shall be published annually. 755
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 31 (baf\tb)
SECTION 20. The following shall be codified as Section 756
43-8-39, Mississippi Code of 1972: 757
43-8-39. (1) The state ombudsman shall ensure that 758
appropriate training is provided to all representatives of the 759
State Long-Term Care Ombudsman Program. 760
(2) All representatives of the State Long-Term Care 761
Ombudsman Program shall be given a minimum of thirty-six (36) 762
hours of training upon employment with the State Long-Term Care 763
Ombudsman Program or appointment as an ombudsman, which shall be 764
determined by the state ombudsman. All representatives of the 765
State Long-Term Care Ombudsman Program shall complete at a minimum 766
eighteen (18) hours of training in the form of continuing 767
education on an annual basis thereafter. 768
(3) The state ombudsman shall approve the curriculum for the 769
initial and continuing education training, which must, at a 770
minimum, address: 771
(a) Resident confidentiality; 772
(b) Guardianships and powers of attorney; 773
(c) Medication administration; 774
(d) Care and medication of residents with dementia and 775
Alzheimer's disease; 776
(e) Accounting for residents' funds; 777
(f) Discharge rights and responsibilities; 778
(g) Cultural sensitivity; and 779
S. B. No. 2749 *SS26/R751* ~ OFFICIAL ~
26/SS26/R751
PAGE 32 (baf\tb)
ST: Mississippi Long-Term Care Ombudsman Act;
enact.
(h) Any other topic related to residency in a long-term 780
care facility. 781
(4) An individual other than the state ombudsman may not 782
hold himself or herself out as a representative of the State 783
Long-Term Care Ombudsman Program or conduct any authorized program 784
duty described in this chapter unless the individual has received 785
the training required by this section and has been certified by 786
the state ombudsman as qualified to carry out ombudsman activities 787
on behalf of the office or the state or local councils. All local 788
ombudsmen are the employees of the Area Agencies on Aging. They 789
are not employees of the Mississippi Department of Human Services. 790
SECTION 21. Sections 43-7-51, 43-7-53, 43-7-55, 43-7-57, 791
43-7-59, 43-7-61, 43-7-63, 43-7-65, 43-7-67, 43-7-69, 43-7-71, 792
43-7-73, 43-7-75, 43-7-77 and 43-7-79, Mississippi Code of 1972, 793
which are the provisions of law that constitute the Long-Term Care 794
Facilities Ombudsman Act, are repealed. 795
SECTION 22. This act shall take effect and be in force from 796
and after July 1, 2026. 797