Bill Text: MS SB2746 | 2026 | Regular Session | Engrossed

Mississippi Senate Bill 2746

Bill Title: Older Mississippians Act; create.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2026-03-03 - Died In Committee [SB2746 Detail]

Download: Mississippi-2026-SB2746-Engrossed.html

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Medicaid; Government Structure

By: Senator(s) Blackwell

Senate Bill 2746

(As Passed the Senate)

AN ACT TO CREATE NEW SECTION 43-10-1, MISSISSIPPI CODE OF 1972, TO CREATE THE "OLDER MISSISSIPPIANS ACT"; TO CREATE NEW SECTION 43-10-3, MISSISSIPPI CODE OF 1972, TO PROVIDE LEGISLATIVE PURPOSE; TO CREATE NEW SECTION 43-10-5, MISSISSIPPI CODE OF 1972, TO DEFINE CERTAIN TERMS RELATING TO THIS ACT; TO CREATE NEW SECTION 43-10-7, MISSISSIPPI CODE OF 1972, TO DESIGNATE THE DIVISION OF AGING AND ADULT SERVICES (DIVISION) OF THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES AS THE STATE UNIT ON AGING TO MANAGE CERTAIN PROGRAMS RELATED TO THE OLDER ADULT POPULATION; TO CREATE NEW SECTION 43-10-9, MISSISSIPPI CODE OF 1972, TO SET FORTH DUTIES AND RESPONSIBILITIES OF THE DIVISION AND TO REQUIRE THE DIVISION TO ESTABLISH CERTAIN POLICIES AND PROCEDURES; TO CREATE NEW SECTION 43-10-11, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DIVISION TO ADOPT RULES TO IMPLEMENT THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 43-9-1 THROUGH 43-9-47, MISSISSIPPI CODE OF 1972, WHICH ARE THE PROVISIONS OF LAW THAT CONSTITUTE THE MISSISSIPPI OLD AGE SECURITY LAW; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 43-10-1, Mississippi Code of 1972:

43-10-1. This chapter shall be known and may be cited as the "Older Mississippians Act." The duties established herein shall be carried out by the Division of Aging and Adult Services established within the Mississippi Department of Human Services.

SECTION 2. The following shall be codified as Section 43-10-3, Mississippi Code of 1972:

43-10-3. The purpose of this chapter is to:

(a) Advise, assist and protect the state's older adults to the greatest extent;

(b) Ensure that programs and services are developed and implemented to be accessible to all older adults to assist them in achieving or maintaining maximum independence and quality of life with minimum levels of social dependence;

(d) Promote intergenerational activities that will provide opportunities for citizens of all ages 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 Division of Aging and Adult Services within the Mississippi Department of Human 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. The following shall be codified as Section 43-10-5, Mississippi Code of 1972:

43-10-5. As used in this chapter, the following terms shall have the meaning ascribed herein:

(a) "Area agency on aging" means a single agency designated by the State Unit on Aging to perform the functions specified in the act 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.

(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 a service, in a manner consistent with the exceptions, prohibitions and other conditions set forth in the chapter.

(e) "Department" means the Mississippi Department of Human Services.

(f) "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 shall not include state or area plan administration and program development and coordination activities.

(g) "Division" means the Division of Aging and Adult Services of the Mississippi Department of Human Services.

(h) "Immediate family" within the context of conflict(s) of interest as used in this chapter, means a member of the household or a relative with whom there is a close personal or significant financial relationship.

(i) "In-home supportive services" means those supportive services provided in the home as set forth in the Older Americans Act, to include the following services and service activities:

(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.

(j) "Service provider" means an entity that is awarded funds, including through a grant, subgrant, contract or subcontract, to provide direct services under the state or area plan.

SECTION 4. The following shall be codified as Section 43-10-7, Mississippi Code of 1972:

43-10-7. The Division of Aging and Adult Services of the Mississippi Department of Human Services is designated as the State Unit on Aging (SUA) under the Older Americans Act of 1965, as amended, 42 USC � 3001 et seq., and shall exercise all responsibilities under that act. The division is the State Unit on Aging designated to manage all programs of the federal government relating to the older adult population, by virtue of funds appropriated through the Older Americans Act of 1965 and subsequent amendments, requiring actions within the state which are not the specific responsibility of another State Unit on Aging under the provisions of federal or state law. Authority is hereby conferred to the department to accept and use any funds in accordance with established state budgetary procedures which might become available pursuant to the purposes set out in this chapter.

SECTION 5. The following shall be codified as Section 43-10-9, Mississippi Code of 1972:

43-10-9. (1) The Division of Aging and Adult Services shall:

(a) (i) 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;

(ii) Create public awareness and understanding of the needs of older adults;

(iii) Study and plan for programs and services to meet identified and projected needs of persons aged sixty (60) years and older;

(iv) Advocate quality programs and services for the state's older adult population;

(v) Plan, coordinate and implement programs serving the older adult population;

(vi) Oversee implementation of federally funded and state-funded programs and services for the state's older adult population;

(vii) Recommend legislative budget requests for programs and services for the state's older adult population;

(viii) Assist older adults with securing needed services in accordance with personal choice and in a manner that achieves or maintains autonomy and prevents, reduces or eliminates dependency;

(ix) Promote the maintenance and improvement of the physical well-being and mental health of older adults;

(x) Promote the prevention of neglect, abuse or exploitation of older adults who are unable to protect their own interests; and

(xi) Aid in the support of families and other caregivers of older adults;

(b) (i) Administer human services and long-term care programs, including programs funded under the federal Older Americans Act of 1965, as amended, 42 USC � 3001 et seq., and other programs that are assigned to it by law; and

(ii) 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 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 Act, if the division finds that:

1. 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;

2. The agency lacks financial stability sufficient to meet contractual obligations or that contractual funds have been misappropriated;

3. The agency has committed multiple or repeated violations of legal and regulatory requirements or department standards;

4. The agency has failed to continue the provision or expansion of services after the declaration of a state of emergency;

5. 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;

6. The agency has failed to properly determine client eligibility as defined by the department or efficiently manage program budgets; or

7. The agency has failed to implement and maintain a department-approved procedure for client grievance resolution.

(2) The Division of Aging and Adult Services shall establish policies and procedures to ensure that the employees of the Area Agency on Aging are complying with screening requirements for direct services providers as required in the Older Americans Act of 1965, as amended, 42 USC � 3001 et seq.

SECTION 6. The following shall be codified as Section 43-10-11, Mississippi Code of 1972:

43-10-11. The Division of Aging and Adult Services shall adopt rules to implement the provisions of this chapter.

SECTION 7. Sections 43-9-1 through 43-9-47, Mississippi Code of 1972, which are the provisions of law that constitute the Mississippi Old Age Security Law, are repealed.

SECTION 8. This act shall take effect and be in force from and after July 1, 2026.