Bill Text: MS HB911 | 2026 | Regular Session | Introduced
Bill Title: Older Mississippians Act; create to be administered by the Divison of Aging and Adult Services of DHS.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [HB911 Detail]
Download: Mississippi-2026-HB911-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Public Health and Human Services
By: Representative Sanford
House Bill 911
AN ACT TO KNOWN AS THE OLDER AMERICANS ACT; TO PROVIDE THAT DUTIES ESTABLISHED IN THIS ACT SHALL BE CARRIED OUT BY THE DIVISION OF AGING AND ADULT SERVICES OF THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES; TO PROVIDE THAT THE PURPOSE OF THIS ACT IS TO ADVISE, ASSIST AND PROTECT THE STATE'S OLDER ADULTS TO THE FULLEST EXTENT AND ENSURE THAT PROGRAMS AND SERVICES ARE DEVELOPED AND IMPLEMENTED TO BE ACCESSIBLE TO ALL OLDER ADULTS TO ASSIST THEM IN THE ACHIEVEMENT OR MAINTENANCE OF MAXIMUM INDEPENDENCE AND QUALITY OF LIFE AND MINIMUM LEVELS OF SOCIAL DEPENDENCE; TO PROVIDE THAT THE DEPARTMENT OF HUMAN SERVICES, DIVISION OF AGING AND ADULT SERVICES, IS DESIGNATED AS THE STATE UNIT ON AGING UNDER THE FEDERAL OLDER AMERICANS ACT OF 1965 AND SHALL EXERCISE ALL RESPONSIBILITIES UNDER THAT ACT; TO PRESCRIBE THE DUTIES OF THE DIVISION OF AGING AND ADULT SERVICES UNDER THIS ACT; TO PROVIDE THAT THE DIVISION SHALL ENSURE THAT EACH AREA AGENCY ON AGING OPERATES IN A MANNER TO ENSURE THAT THE OLDER ADULTS OF THIS STATE RECEIVE THE BEST SERVICES POSSIBLE; TO AUTHORIZE THE DIVISION TO RESCIND THE DESIGNATION OF AN AREA AGENCY ON AGING OR TAKE INTERMEDIATE MEASURES AGAINST THE AGENCY IF THE DIVISION MAKES CERTAIN FINDING REGARDING THE AREA AGENCY ON AGING; TO REPEAL SECTIONS 43-9-1 THROUGH 43-9-47, MISSISSIPPI CODE OF 1972, WHICH CREATED A STATEWIDE SYSTEM OF OLD AGE ASSISTANCE KNOWN AS THE MISSISSIPPI OLD AGE SECURITY LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Short title. This chapter may be cited as the "Older Mississippians Act". The duties established in this chapter shall be carried out by the Division of Aging and Adult Services of the Mississippi Department of Human Services.
SECTION 2. Legislative purpose. The purpose of this chapter is to:
(a) Advise, assist and protect the state's older adults to the fullest extent;
(b) Ensure that programs and services are developed and implemented to be accessible to all older adults to assist them in the achievement or maintenance of maximum independence and quality of life and minimum levels of social dependence;
(c) Support and promote the efforts of families and other caregivers in assisting older adults;
(d) Promote intergenerational activities that will provide citizens of all ages opportunities to enjoy the enriching benefits of interaction and that will promote unity and support for one another;
(e) Ensure that state government functions effectively and efficiently in serving older adults through coordination of policy development, planning, and service delivery by all state agencies relating to the older adult population of the state;
(f) Ensure that older adults are able to secure prompt, adequate, and accurate information and assistance regarding, but not limited to, health, social welfare, long-term care, protective services, consumer protection, education and training, housing, employment, recreation, transportation, insurance, and retirement; and
(g) Appoint the Mississippi Department of Human Services, Division of Aging and Adult Services, as the State Unit on Aging that has lead responsibility for administering human service programs for the older adults and for developing policy recommendations for long-term care.
SECTION 3. Definitions. As used in this chapter, the following terms shall have the meanings as defined in this section, unless the context otherwise requires.
(a) "Area agency on aging" means a single agency designated by the State Unit on Aging to perform the functions specified in the chapter for a planning and service area.
(b) "Best available data" means the most current reliable data or population estimates available from the United States Decennial Census, American Community Survey, or other high-quality, representative data available to the State Unit on Aging.
(c) "Conflict(s) of interest" means:
(i) One or more conflicts between the private interests and the official responsibilities of a person in a position of trust;
(ii) One or more conflicts between competing duties of an individual, or between the competing duties, services, or programs of an organization, and/or portion of an organization; or
(iii) Other conflicts of interest identified in guidance issued by the Assistant Secretary for Aging and/or by State Unit on Aging policies.
(d) "Cost sharing" means requesting payment using a sliding scale, based only on an individual's income and the cost of delivering the service, in a manner consistent with the exceptions, prohibitions, and other conditions laid out in the Older Americans Act.
(e) "Direct services" means any activity performed to provide services directly to an older adult or family caregiver, groups of older persons or family caregivers, or to the general public by the staff or volunteers of a service provider, an area agency on aging, or a State Unit on Aging, whether provided in-person or virtually. Direct services exclude state or area plan administration and program development and coordination activities.
(f) "Immediate family," as used pertaining to conflicts of interest, means a member of the household or a relative with whom there is a close personal or significant financial relationship.
(g) "In-home supportive services" means those supportive services provided in the home as set forth in the Older Americans Act, including, but not limited to:
(i) Homemaker, personal care, home care, home health, and other aides;
(ii) Visiting and telephone or virtual reassurance;
(iii) Chore maintenance;
(iv) Respite care for families, including adult day care; and
(v) Minor modification of homes that is necessary to facilitate the independence and health of older individuals and that is not readily available under another program.
(h) "Service provider" means an entity that is awarded funds, including via a grant, subgrant, contract, or subcontract, to provide direct services under the state or area plan.
SECTION 4. Administration of federal aging programs. The Mississippi Department of Human Services, Division of Aging and Adult Services, is designated as the State Unit on Aging (SUA) under the federal Older Americans Act of 1965, as amended, and shall exercise all responsibilities under that act. The division is the State Unit on Aging designated to handle all programs of the federal government relating to the aging, by virtue of funds appropriated through the Older Americans Act of 1965 and subsequent amendments, requiring actions within the state that are not the specific responsibility of another State Unit on Aging under the provisions of federal or state law. The department is authorized to accept and use any funds in accordance with established state budgetary procedures that might become available pursuant to the purposes set out in this chapter.
SECTION 5. Division of Aging and Adult Services. The Division of Aging and Adult Services of the Department of Human Services shall:
(a) Serve as the primary State Unit on Aging responsible for administering human services programs for the older adults and for developing policy and procedures for home- and community-based services, including but not limited to long-term care;
(b) Create public awareness and understanding of the needs of older adults;
(c) Study and plan for programs and services to meet identified and projected needs of persons aged sixty (60) years and older;
(d) Advocate quality programs and services for the state's older adult population;
(e) Plan, coordinate and implement programs serving the older adult population;
(f) Oversee implementation of federally funded and state-funded programs and services for the state's older adult population;
(g) Recommend legislative budget requests for programs and services for the state's older adult population;
(h) Assist older adults to secure needed services in accordance with personal choice and in a manner that achieves or maintains autonomy and prevents, reduces, or eliminates dependency;
(i) Promote the maintenance and improvement of the physical well-being and mental health of older adults;
(j) Promote the prevention of neglect, abuse, or exploitation of older adults, who are unable to protect their own interests; and
(k) Aid in the support of families and other caregivers of older adults.
SECTION 6. Duties and responsibilities of the Division of Aging and Adult Services. The Division of Aging and Adult Services shall:
(a) Administer human services and long-term care programs, including programs funded under the federal Older Americans Act of 1965, as amended, and other programs that are assigned to it by law; and
(b) Be responsible for ensuring that each area agency on aging operates in a manner to ensure that the older adults of this state receive the best services possible. The division shall rescind the designation of an area agency on aging or take intermediate measures against the agency, including corrective action, unannounced special monitoring, temporary assumption of operation of one or more programs by the division, placement on probationary status, imposing a moratorium on agency action, imposing financial penalties for nonperformance, or other administrative action pursuant to the Mississippi Administrative Procedures Law, if the division finds that:
(i) An intentional or negligent act of the agency has materially affected the health, welfare or safety of older adults, or substantially and negatively affected the operation of an aging services program;
(ii) The agency lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated;
(iii) The agency has committed multiple or repeated violations of legal and regulatory requirements or Department of Human Services' standards;
(iv) The agency has failed to continue the provision or expansion of services after the declaration of a state of emergency;
(v) The agency has exceeded its authority or otherwise failed to adhere to the terms of its contract with the department or has exceeded its authority or otherwise failed to adhere to the provisions specifically provided by statute or rule adopted by the department;
(vi) The agency has failed to properly determine client eligibility as defined by the department or efficiently manage program budgets; or
(vii) The agency has failed to implement and maintain a department-approved client grievance resolution procedure.
SECTION 7. Screening of direct service providers. The Division of Aging and Adult Services shall establish policies and procedures to ensure that the employees of the area agencies on aging are complying with screening requirements for direct services providers as required in the Older Americans Act.
SECTION 8. Rulemaking. The Division of Aging and Adult Services shall adopt rules to implement the provisions of this chapter.
SECTION 9. Sections 43-9-1, 43-9-3, 43-9-5, 43-9-7, 43-9-9, 43-9-11, 43-9-13, 43-9-15, 43-9-17, 43-9-19, 43-9-21, 43-9-23, 43-9-25, 43-9-27, 43-9-29, 43-9-31, 43-9-33, 43-9-35, 43-9-37, 43-9-39, 43-9-41, 43-9-43, 43-9-45 and 43-9-47, Mississippi Code of 1972, which created a statewide system of old age assistance known as the Mississippi Old Age Security Law, are repealed.
SECTION 10. Sections 1 through 8 of this act shall be codified as a new Chapter 10 in Title 43, Mississippi Code of 1972.
SECTION 11. This act shall take effect and be in force from and after July 1, 2026.
