Nursing homes & assisted living facilities; require rules & regulations regarding operation of during weather-related emergencies.

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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Jackson, Gillespie Isom,
Pope, Simmons (12th), Simmons (13th)

SENATE BILL NO. 2886
(As Passed the Senate)

AN ACT TO AMEND SECTION 43-11-13, MISSISSIPPI CODE OF 1972, 1
TO PROVIDE THAT THE STATE BOARD OF HEALTH SHALL PROMULGATE RULES, 2
REGULATIONS AND STANDARDS REGARDING THE OPERATION OF NURSING HOMES 3
AND ASSISTED LIVING CENTERS DURING ANY PERIOD OF TIME IN WHICH THE 4
STATE HEALTH OFFICER, OR HIS OR HER DESIGNEE, DETERMINES THAT A 5
WEATHER-RELATED CRISIS, DISASTER OR EMERGENCY EXISTS; TO REQUIRE 6
THAT SUCH RULES, REGULATIONS AND STANDARDS ADDRESS, AT A MINIMUM, 7
WEATHER-RELATED CRISIS, DISASTER AND EMERGENCY INSPECTIONS, LIFE 8
SAFETY STANDARDS, MINIMUM STANDARDS OF CARE, AND PREPOSITIONING OF 9
RESOURCES AND SUPPLIES WHEN A WEATHER-RELATED CRISIS, DISASTER OR 10
EMERGENCY IS ANTICIPATED BASED UPON AVAILABLE WEATHER FORECAST 11
DATA; AND FOR RELATED PURPOSES. 12
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 13
SECTION 1. Section 43-11-13, Mississippi Code of 1972, is 14
amended as follows: 15
43-11-13. (1) The licensing agency shall adopt, amend, 16
promulgate and enforce such rules, regulations and standards, 17
including classifications, with respect to all institutions for 18
the aged or infirm to be licensed under this chapter as may be 19
designed to further the accomplishment of the purpose of this 20
chapter in promoting adequate care of individuals in those 21
institutions in the interest of public health, safety and welfare. 22
Those rules, regulations and standards shall be adopted and 23
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promulgated by the licensing agency and shall be recorded and 24
indexed in a book to be maintained by the licensing agency in its 25
main office in the State of Mississippi, entitled "Rules, 26
Regulations and Minimum Standards for Institutions for the Aged or 27
Infirm" and the book shall be open and available to all 28
institutions for the aged or infirm and the public generally at 29
all reasonable times. Upon the adoption of those rules, 30
regulations and standards, the licensing agency shall mail copies 31
thereof to all those institutions in the state that have filed 32
with the agency their names and addresses for this purpose, but 33
the failure to mail the same or the failure of the institutions to 34
receive the same shall in no way affect the validity thereof. The 35
rules, regulations and standards may be amended by the licensing 36
agency, from time to time, as necessary to promote the health, 37
safety and welfare of persons living in those institutions. 38
(2) The licensee shall keep posted in a conspicuous place on 39
the licensed premises all current rules, regulations and minimum 40
standards applicable to fire protection measures as adopted by the 41
licensing agency. The licensee shall furnish to the licensing 42
agency at least once each six (6) months a certificate of approval 43
and inspection by state or local fire authorities. Failure to 44
comply with state laws and/or municipal ordinances and current 45
rules, regulations and minimum standards as adopted by the 46
licensing agency, relative to fire prevention measures, shall be 47
prima facie evidence for revocation of license. 48
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(3) The State Board of Health shall promulgate rules and 49
regulations restricting the storage, quantity and classes of drugs 50
allowed in personal care homes and adult foster care facilities. 51
Residents requiring administration of Schedule II Narcotics as 52
defined in the Uniform Controlled Substances Law may be admitted 53
to a personal care home. Schedule drugs may only be allowed in a 54
personal care home if they are administered or stored utilizing 55
proper procedures under the direct supervision of a licensed 56
physician or nurse. 57
(4) (a) Notwithstanding any determination by the licensing 58
agency that skilled nursing services would be appropriate for a 59
resident of a personal care home, that resident, the resident's 60
guardian or the legally recognized responsible party for the 61
resident may consent in writing for the resident to continue to 62
reside in the personal care home, if approved in writing by a 63
licensed physician. However, no personal care home shall allow 64
more than two (2) residents, or ten percent (10%) of the total 65
number of residents in the facility, whichever is greater, to 66
remain in the personal care home under the provisions of this 67
subsection (4). This consent shall be deemed to be appropriately 68
informed consent as described in the regulations promulgated by 69
the licensing agency. After that written consent has been 70
obtained, the resident shall have the right to continue to reside 71
in the personal care home for as long as the resident meets the 72
other conditions for residing in the personal care home. A copy 73
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of the written consent and the physician's approval shall be 74
forwarded by the personal care home to the licensing agency. 75
(b) The State Board of Health shall promulgate rules 76
and regulations restricting the handling of a resident's personal 77
deposits by the director of a personal care home. Any funds given 78
or provided for the purpose of supplying extra comforts, 79
conveniences or services to any resident in any personal care 80
home, and any funds otherwise received and held from, for or on 81
behalf of any such resident, shall be deposited by the director or 82
other proper officer of the personal care home to the credit of 83
that resident in an account that shall be known as the Resident's 84
Personal Deposit Fund. No more than one (1) month's charge for 85
the care, support, maintenance and medical attention of the 86
resident shall be applied from the account at any one time. After 87
the death, discharge or transfer of any resident for whose benefit 88
any such fund has been provided, any unexpended balance remaining 89
in his personal deposit fund shall be applied for the payment of 90
care, cost of support, maintenance and medical attention that is 91
accrued. If any unexpended balance remains in that resident's 92
personal deposit fund after complete reimbursement has been made 93
for payment of care, support, maintenance and medical attention, 94
and the director or other proper officer of the personal care home 95
has been or shall be unable to locate the person or persons 96
entitled to the unexpended balance, the director or other proper 97
officer may, after the lapse of one (1) year from the date of that 98
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death, discharge or transfer, deposit the unexpended balance to 99
the credit of the personal care home's operating fund. 100
(c) The State Board of Health shall promulgate rules 101
and regulations requiring personal care homes to maintain records 102
relating to health condition, medicine dispensed and administered, 103
and any reaction to that medicine. The director of the personal 104
care home shall be responsible for explaining the availability of 105
those records to the family of the resident at any time upon 106
reasonable request. 107
(5) The State Board of Health and the Mississippi Department 108
of Corrections shall jointly issue rules and regulations for the 109
operation of the special care facilities for paroled inmates. 110
(6) (a) For the purposes of this subsection (6): 111
(i) "Licensed entity" means a hospital, nursing 112
home, personal care home, home health agency, hospice or adult 113
foster care facility; 114
(ii) "Covered entity" means a licensed entity or a 115
health care professional staffing agency; 116
(iii) "Employee" means any individual employed by 117
a covered entity, and also includes any individual who by contract 118
provides to the patients, residents or clients being served by the 119
covered entity direct, hands-on, medical patient care in a 120
patient's, resident's or client's room or in treatment or recovery 121
rooms. The term "employee" does not include health care 122
professional/vocational technical students performing clinical 123
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training in a licensed entity under contracts between their 124
schools and the licensed entity, and does not include students at 125
high schools located in Mississippi who observe the treatment and 126
care of patients in a licensed entity as part of the requirements 127
of an allied-health course taught in the high school, if: 128
1. The student is under the supervision of a 129
licensed health care provider; and 130
2. The student has signed an affidavit that 131
is on file at the student's school stating that he or she has not 132
been convicted of or pleaded guilty or nolo contendere to a felony 133
listed in paragraph (d) of this subsection (6), or that any such 134
conviction or plea was reversed on appeal or a pardon was granted 135
for the conviction or plea. Before any student may sign such an 136
affidavit, the student's school shall provide information to the 137
student explaining what a felony is and the nature of the felonies 138
listed in paragraph (d) of this subsection (6). 139
However, the health care professional/vocational technical 140
academic program in which the student is enrolled may require the 141
student to obtain criminal history record checks. In such 142
incidences, paragraph (a)(iii)1 and 2 of this subsection (6) does 143
not preclude the licensing entity from processing submitted 144
fingerprints of students from healthcare-related 145
professional/vocational technical programs who, as part of their 146
program of study, conduct observations and provide clinical care 147
and services in a covered entity. 148
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(b) Under regulations promulgated by the State Board of 149
Health, the licensing agency shall require to be performed a 150
criminal history record check on (i) every new employee of a 151
covered entity who provides direct patient care or services and 152
who is employed on or after July 1, 2003, and (ii) every employee 153
of a covered entity employed before July 1, 2003, who has a 154
documented disciplinary action by his or her present employer. In 155
addition, the licensing agency shall require the covered entity to 156
perform a disciplinary check with the professional licensing 157
agency of each employee, if any, to determine if any disciplinary 158
action has been taken against the employee by that agency. 159
Except as otherwise provided in paragraph (c) of this 160
subsection (6), no such employee hired on or after July 1, 2003, 161
shall be permitted to provide direct patient care until the 162
results of the criminal history record check have revealed no 163
disqualifying record or the employee has been granted a waiver. 164
In order to determine the employee applicant's suitability for 165
employment, the applicant shall be fingerprinted. Fingerprints 166
shall be submitted to the licensing agency from scanning, with the 167
results processed through the Department of Public Safety's 168
Criminal Information Center. The fingerprints shall then be 169
forwarded by the Department of Public Safety to the Federal Bureau 170
of Investigation for a national criminal history record check. 171
The licensing agency shall notify the covered entity of the 172
results of an employee applicant's criminal history record check. 173
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If the criminal history record check discloses a felony 174
conviction, guilty plea or plea of nolo contendere to a felony of 175
possession or sale of drugs, murder, manslaughter, armed robbery, 176
rape, sexual battery, sex offense listed in Section 45-33-23(h), 177
child abuse, arson, grand larceny, burglary, gratification of lust 178
or aggravated assault, or felonious abuse and/or battery of a 179
vulnerable adult that has not been reversed on appeal or for which 180
a pardon has not been granted, the employee applicant shall not be 181
eligible to be employed by the covered entity. 182
(c) Any such new employee applicant may, however, be 183
employed on a temporary basis pending the results of the criminal 184
history record check, but any employment contract with the new 185
employee shall be voidable if the new employee receives a 186
disqualifying criminal history record check and no waiver is 187
granted as provided in this subsection (6). 188
(d) Under regulations promulgated by the State Board of 189
Health, the licensing agency shall require every employee of a 190
covered entity employed before July 1, 2003, to sign an affidavit 191
stating that he or she has not been convicted of or pleaded guilty 192
or nolo contendere to a felony of possession or sale of drugs, 193
murder, manslaughter, armed robbery, rape, sexual battery, any sex 194
offense listed in Section 45-33-23(h), child abuse, arson, grand 195
larceny, burglary, gratification of lust, aggravated assault, or 196
felonious abuse and/or battery of a vulnerable adult, or that any 197
such conviction or plea was reversed on appeal or a pardon was 198
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granted for the conviction or plea. No such employee of a covered 199
entity hired before July 1, 2003, shall be permitted to provide 200
direct patient care until the employee has signed the affidavit 201
required by this paragraph (d). All such existing employees of 202
covered entities must sign the affidavit required by this 203
paragraph (d) within six (6) months of the final adoption of the 204
regulations promulgated by the State Board of Health. If a person 205
signs the affidavit required by this paragraph (d), and it is 206
later determined that the person actually had been convicted of or 207
pleaded guilty or nolo contendere to any of the offenses listed in 208
this paragraph (d) and the conviction or plea has not been 209
reversed on appeal or a pardon has not been granted for the 210
conviction or plea, the person is guilty of perjury. If the 211
offense that the person was convicted of or pleaded guilty or nolo 212
contendere to was a violent offense, the person, upon a conviction 213
of perjury under this paragraph, shall be punished as provided in 214
Section 97-9-61. If the offense that the person was convicted of 215
or pleaded guilty or nolo contendere to was a nonviolent offense, 216
the person, upon a conviction of perjury under this paragraph, 217
shall be punished by a fine of not more than Five Hundred Dollars 218
($500.00), or by imprisonment in the county jail for not more than 219
six (6) months, or by both such fine and imprisonment. 220
(e) The covered entity may, in its discretion, allow 221
any employee who is unable to sign the affidavit required by 222
paragraph (d) of this subsection (6) or any employee applicant 223
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aggrieved by an employment decision under this subsection (6) to 224
appear before the covered entity's hiring officer, or his or her 225
designee, to show mitigating circumstances that may exist and 226
allow the employee or employee applicant to be employed by the 227
covered entity. The covered entity, upon report and 228
recommendation of the hiring officer, may grant waivers for those 229
mitigating circumstances, which shall include, but not be limited 230
to: (i) age at which the crime was committed; (ii) circumstances 231
surrounding the crime; (iii) length of time since the conviction 232
and criminal history since the conviction; (iv) work history; (v) 233
current employment and character references; and (vi) other 234
evidence demonstrating the ability of the individual to perform 235
the employment responsibilities competently and that the 236
individual does not pose a threat to the health or safety of the 237
patients of the covered entity. 238
(f) The licensing agency may charge the covered entity 239
submitting the fingerprints a fee not to exceed Fifty Dollars 240
($50.00), which covered entity may, in its discretion, charge the 241
same fee, or a portion thereof, to the employee applicant. Any 242
increase in the fee charged by the licensing agency under this 243
paragraph shall be in accordance with the provisions of Section 244
41-3-65. Any costs incurred by a covered entity implementing this 245
subsection (6) shall be reimbursed as an allowable cost under 246
Section 43-13-116. 247
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(g) If the results of an employee applicant's criminal 248
history record check reveals no disqualifying event, then the 249
covered entity shall, within two (2) weeks of the notification of 250
no disqualifying event, provide the employee applicant with a 251
notarized letter signed by the chief executive officer of the 252
covered entity, or his or her authorized designee, confirming the 253
employee applicant's suitability for employment based on his or 254
her criminal history record check. An employee applicant may use 255
that letter for a period of two (2) years from the date of the 256
letter to seek employment with any covered entity without the 257
necessity of an additional criminal history record check. Any 258
covered entity presented with the letter may rely on the letter 259
with respect to an employee applicant's criminal background and is 260
not required for a period of two (2) years from the date of the 261
letter to conduct or have conducted a criminal history record 262
check as required in this subsection (6). 263
(h) The licensing agency, the covered entity, and their 264
agents, officers, employees, attorneys and representatives, shall 265
be presumed to be acting in good faith for any employment decision 266
or action taken under this subsection (6). The presumption of 267
good faith may be overcome by a preponderance of the evidence in 268
any civil action. No licensing agency, covered entity, nor their 269
agents, officers, employees, attorneys and representatives shall 270
be held liable in any employment decision or action based in whole 271
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or in part on compliance with or attempts to comply with the 272
requirements of this subsection (6). 273
(i) The licensing agency shall promulgate regulations 274
to implement this subsection (6). 275
(j) The provisions of this subsection (6) shall not 276
apply to: 277
(i) Applicants and employees of the University of 278
Mississippi Medical Center for whom criminal history record checks 279
and fingerprinting are obtained in accordance with Section 280
37-115-41; or 281
(ii) Health care professional/vocational technical 282
students for whom criminal history record checks and 283
fingerprinting are obtained in accordance with Section 37-29-232. 284
(7) The State Board of Health shall promulgate rules, 285
regulations and standards regarding the operation of adult foster 286
care facilities. 287
(8) The State Board of Health shall promulgate rules, 288
regulations and standards regarding the operation of nursing homes 289
and assisted living centers during any period of time in which the 290
State Health Officer, or his or her designee, determines that a 291
weather-related crisis, disaster or emergency exists. Such rules, 292
regulations and standards shall address, at a minimum, the 293
following topics: 294
(a) Weather-related crisis, disaster and emergency 295
inspections; 296
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ST: Nursing homes & assisted living facilities;
require rules & regulations regarding operation
of during weather-related emergencies.
(b) Life safety standards; 297
(c) Minimum standards of care; and 298
(d) Prepositioning of resources and supplies when a 299
weather-related crisis, disaster or emergency is anticipated based 300
upon available weather forecast data. 301
SECTION 2. This act shall take effect and be in force from 302
and after July 1, 2026, and shall stand repealed on June 30, 2026. 303