Bill Text: MS SB2749 | 2026 | Regular Session | Engrossed
Bill Title: Mississippi Long-Term Care Ombudsman Act; enact.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-03-03 - Died In Committee [SB2749 Detail]
Download: Mississippi-2026-SB2749-Engrossed.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Public Health and Welfare
By: Senator(s) Blackwell
Senate Bill 2749
(As Passed the Senate)
AN ACT TO CREATE NEW SECTION 43-8-1, MISSISSIPPI CODE OF 1972, TO CREATE THE MISSISSIPPI LONG-TERM CARE OMBUDSMAN ACT; TO CREATE NEW SECTION 43-8-3, MISSISSIPPI CODE OF 1972, TO SET FORTH LEGISLATIVE PURPOSE; TO CREATE NEW SECTION 43-8-5, MISSISSIPPI CODE OF 1972, TO DEFINE TERMS USED IN THE ACT; TO CREATE NEW SECTION 43-8-7, MISSISSIPPI CODE OF 1972, TO CREATE THE STATE LONG-TERM CARE OMBUDSMAN PROGRAM (PROGRAM) IN THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES (DEPARTMENT) IN THE DIVISION OF AGING AND ADULT SERVICES (DIVISION); TO CREATE NEW SECTION 43-8-9, MISSISSIPPI CODE OF 1972, TO IDENTIFY THE PURPOSE OF THE PROGRAM AND THE DUTIES AND AUTHORITY OF THE STATE LONG-TERM CARE OMBUDSMAN (STATE OMBUDSMAN); TO CREATE NEW SECTION 43-8-11, MISSISSIPPI CODE OF 1972, TO DIRECT THE STATE OMBUDSMAN TO DESIGNATE DISTRICTS TO CARRY OUT THE DUTIES OF THE PROGRAM WITHIN LOCAL COMMUNITIES AND TO SET FORTH DUTIES OF REPRESENTATIVES OF THE PROGRAM; TO CREATE NEW SECTION 43-8-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE OMBUDSMAN AND REPRESENTATIVES OF THE PROGRAM ARE NOT MANDATORY REPORTERS EXCEPT UNDER CERTAIN CIRCUMSTANCES; TO CREATE NEW SECTION 43-8-15, MISSISSIPPI CODE OF 1972, TO PROHIBIT CONFLICTS OF INTEREST AND REQUIRE REPRESENTATIVES TO CERTIFY PRIOR TO APPOINTMENT AND ANNUALLY THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST; TO CREATE NEW SECTION 43-8-17, MISSISSIPPI CODE OF 1972, TO DIRECT THE DEPARTMENT, IN CONSULTATION WITH THE STATE OMBUDSMAN, TO ADOPT RULES IMPLEMENTING STATE AND LOCAL COMPLAINT PROCEDURES; TO CREATE NEW SECTION 43-8-19, MISSISSIPPI CODE OF 1972, TO REQUIRE A REPRESENTATIVE OF THE PROGRAM TO IDENTIFY AND INVESTIGATE WITHIN A REASONABLE TIME CERTAIN COMPLAINTS MADE BY OR ON BEHALF OF A RESIDENT; TO CREATE NEW SECTION 43-8-21, MISSISSIPPI CODE OF 1972, TO REQUIRE A REPRESENTATIVE OF THE PROGRAM TO CONDUCT PERIODIC ONSITE FACILITY VISITS; TO CREATE NEW SECTION 43-8-23, MISSISSIPPI CODE OF 1972, TO REQUIRE APPROPRIATE REMEDIAL ACTION AND THE ESTABLISHMENT OF TARGET DATES FOR SUCH ACTION IN RESPONSE TO CERTAIN COMPLAINTS; TO CREATE NEW SECTION 43-8-25, MISSISSIPPI CODE OF 1972, TO DESIGNATE CERTAIN INFORMATION AS CONFIDENTIAL; TO CREATE NEW SECTION 43-8-27, MISSISSIPPI CODE OF 1972, TO REQUIRE THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN PROGRAM TO ESTABLISH A STATEWIDE TOLL-FREE TELEPHONE NUMBER AND E-MAIL ADDRESS FOR RECEIVING COMPLAINTS CONCERNING MATTERS ADVERSELY AFFECTING THE HEALTH, SAFETY, WELFARE OR RIGHTS OF RESIDENTS; TO PROVIDE INFORMATION RELATED TO THE PROGRAM TO EACH RESIDENT OR REPRESENTATIVE OF A RESIDENT UPON ADMISSION TO A LONG-TERM CARE FACILITY; TO CREATE NEW SECTION 43-8-29, MISSISSIPPI CODE OF 1972, TO PROVIDE IMMUNITY; TO CREATE NEW SECTION 43-8-31, MISSISSIPPI CODE OF 1972, TO REQUIRE LONG-TERM CARE FACILITIES TO PROVIDE REPRESENTATIVES OF THE PROGRAM WITH ACCESS TO CERTAIN RECORDS; TO CREATE NEW SECTION 43-8-33, MISSISSIPPI CODE OF 1972, TO PROHIBIT INTERFERENCE WITH A REPRESENTATIVE OF THE PROGRAM IN THE PERFORMANCE OF OFFICIAL DUTIES AND TO ESTABLISH PENALTIES FOR VIOLATIONS; TO CREATE NEW SECTION 43-8-35, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT TO MEET THE COSTS OF THE PROGRAM FROM APPROPRIATED FUNDS; TO CREATE NEW SECTION 43-8-37, MISSISSIPPI CODE OF 1972, TO DIRECT THE PROGRAM TO MAINTAIN A STATEWIDE UNIFORM REPORTING SYSTEM TO COLLECT AND ANALYZE DATA RELATING TO COMPLAINTS AND CONDITIONS IN LONG-TERM CARE FACILITIES AND TO RESIDENTS FOR THE PURPOSE OF IDENTIFYING AND RESOLVING COMPLAINTS AND TO ANNUALLY PUBLISH INFORMATION PERTAINING TO THE NUMBER AND TYPES OF COMPLAINTS RECEIVED; TO CREATE NEW SECTION 43-8-39, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE OMBUDSMAN SHALL ENSURE THAT APPROPRIATE TRAINING IS PROVIDED TO ALL REPRESENTATIVES OF THE PROGRAM; TO REPEAL SECTIONS 43-7-51 THROUGH 43-7-79, MISSISSIPPI CODE OF 1972, WHICH ARE THE PROVISIONS OF LAW THAT CONSTITUTE THE LONG-TERM CARE FACILITIES OMBUDSMAN ACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 43-8-1, Mississippi Code of 1972:
43-8-1. This chapter shall be known as and may be cited as the "Mississippi Long-Term Care Ombudsman Act."
SECTION 2. The following shall be codified as Section 43-8-3, Mississippi Code of 1972:
43-8-3. (1) In accordance with the Older Americans Act of 1965, as amended, 42 USC � 3001 et seq., the state must establish and operate an Office of State Long-Term Care Ombudsman, to be headed by the State Long-Term Care Ombudsman, and carry out a long-term care ombudsman program.
(2) It is the purpose of this chapter, under the leadership of the State Long-Term Care Ombudsman, to operate a state ombudsman program, which shall, without interference by any executive agency, undertake to discover, investigate and determine the presence of conditions or individuals that constitute a threat to the rights, health, safety or welfare of the residents of long-term care facilities. The State Long-Term Care Ombudsman Program shall further enforce laws, rules and regulations that safeguard the health, safety and welfare of residents.
SECTION 3. The following shall be codified as Section 43-8-5, Mississippi Code of 1972:
43-8-5. As used in this chapter, the following terms shall have the meaning ascribed herein:
(a) "Administrator" means any person with the general administration or supervision of a long-term care facility without regard to whether such person has any ownership interest in such facility or to whether such person's function and duties are shared with one or more other persons.
(b) "Department" means the Mississippi Department of Human Services.
(c) "District" means a geographical area designated by the state ombudsman in which individuals certified as ombudsmen carry out the duties of the State Long-Term Care Ombudsman Program.
(d) "Division" means the Division of Aging and Adult Services of the Mississippi Department of Human Services.
(e) "Division Director" means the Division Director of Aging and Adult Services of the Mississippi Department of Human Services.
(f) "Executive Director" means the Executive Director of the Mississippi Department of Human Services.
(g) "Facility visit" means a review of conditions in a long-term care facility which impact the rights, health, safety and welfare of residents with the purpose of noting needed improvement and making recommendations to enhance the quality of life for residents.
(h) "Family Council" means a group of residents' family members that meets regularly to discuss and offer suggestions about facility policies and procedures affecting residents' care, treatment and quality of life, support each other, plan resident and family activities, participate in educational activities or for any other purpose.
(i) "Resident Council" means a group of residents that meets regularly to discuss and offer suggestions about facility policies and procedures affecting residents' care, treatment and quality of life, support each other, plan resident and family activities, participate in educational activities or for any other purpose.
(j) "Long-term care facility" means any skilled nursing facility, extended care home, intermediate care facility, personal care home or boarding home which is subject to licensure by the Mississippi Department of Health.
(k) "Office" means the Office of the State Long-Term Care Ombudsman Program created by Section 43-8-7.
(l) "Ombudsman" means an individual who has been certified by the state ombudsman and meets the requirements prescribed under this chapter.
(m) "Representative of the State Long-Term Care Ombudsman Program" means the state ombudsman, deputy state ombudsman, or individual designated to carry out the duties of the Office of the State Long-Term Care Ombudsman. "Local ombudsman" shall have the same meaning as "representative of the State Long-Term Care Ombudsman Program".
(n) "Resident" means an individual who resides in a long-term care facility.
(o) "Resident representative" means any of the following:
(i) An individual chosen by a resident to act on behalf of the resident in order to support the resident in decision-making; access the resident's medical, social or other personal information; manage the resident's financial matters; or receive notifications pertaining to the resident;
(ii) A person authorized by state or federal law, including, but not limited to, agents under power of attorney, representative payees and other fiduciaries, to act on behalf of a resident to support the resident in decision-making; access the resident's medical, social or other personal information; manage the resident's financial matters; or receive notifications pertaining to the resident;
(iii) Legal representative, as used in Section 712 of the Older Americans Act of 1965, as amended, 42 USC � 3058g; or
(iv) The court-appointed guardian or conservator of a resident.
Nothing in this chapter is intended to expand the scope of authority of any resident representative beyond that authority specifically authorized by the resident, state or federal law or a court of competent jurisdiction.
(p) "State ombudsman" means the State Long-Term Care Ombudsman, who is the individual appointed by the Executive Director of the Mississippi Department of Human Services to head the State Long-Term Care Ombudsman Program.
(q) "State ombudsman program" means the State Long-Term Care Ombudsman Program, through which the functions and duties of the program as described in this chapter are carried out, operating under the direction of the State Long-Term Care Ombudsman.
SECTION 4. The following shall be codified as Section 43-8-7, Mississippi Code of 1972:
43-8-7. (1) There is created the State Long-Term Care Ombudsman Program in the Mississippi Department of Human Services. The State Long-Term Care Ombudsman Program shall be located within the department in the Division of Aging and Adult Services.
(2) The State Long-Term Care Ombudsman Program shall be headed by the State Long-Term Care Ombudsman, who shall serve on a full-time basis and shall personally, or through representatives of the program, carry out its purposes and functions in accordance with state and federal law. The state ombudsman shall be appointed by and shall serve at the pleasure of the executive director. The executive director shall appoint a person who has expertise and experience in the fields of long-term care and advocacy to serve as state ombudsman.
(3) The division shall have a designated legal counsel, who shall advise, assist and aid the state ombudsman and shall be a member in good standing of The Mississippi Bar. The duties of the legal counsel shall include, but not be limited to:
(a) Assisting the state ombudsman in carrying out the duties of the office with respect to the health, safety, welfare or violation of rights of residents of long-term care facilities;
(b) Assisting the representatives of the State Long-Term Care Ombudsman Program in carrying out their responsibilities under this chapter;
(c) Pursuing or assisting in the pursuit of administrative, legal, and other appropriate remedies on behalf of the office and its representatives; and
(d) Serving or assisting as legal counsel to the representatives of the State Long-Term Care Ombudsman Program in any suit or other legal action that is initiated in connection with the performance of the official duties of the representatives of the State Long-Term Care Ombudsman Program.
SECTION 5. The following shall be codified as Section 43-8-9, Mississippi Code of 1972:
43-8-9. (1) The purpose of the State Long-Term Care Ombudsman Program is to:
(a) Identify, investigate and resolve complaints made by or on behalf of residents of long-term care facilities relating to actions or omissions by providers or representatives of providers of long-term care services, other public or private agencies, guardians or representative payees that may adversely affect the health, safety, welfare or rights of the residents;
(b Provide services that assist in protecting the health, safety, welfare and rights of residents;
(c) Inform residents, their representatives and other citizens about obtaining the services of the State Long-Term Care Ombudsman Program and its representatives;
(d) Ensure that residents have regular and timely access to the services provided through the State Long-Term Care Ombudsman Program and that residents and complainants receive timely responses from representatives of the State Long-Term Care Ombudsman Program to their complaints;
(e) Represent the interests of residents before governmental agencies, assure that individual residents have access to and are able to pursue, as the state ombudsman determines as necessary and consistent with resident interests, administrative, legal and other remedies to protect the health, safety, welfare and rights of the residents;
(f) Analyze, comment on and monitor the development and implementation of federal, state and local laws, rules and regulations, and other governmental policies and actions, that pertain to the health, safety, welfare and rights of the residents, with respect to the adequacy of long-term care facilities and services in the state, and recommend any changes in such laws, rules, regulations, policies and actions as the office determines to be appropriate and necessary; and
(g) Provide technical support for the development of resident and family councils to protect the well-being and rights of residents.
(2) The State Long-Term Care Ombudsman has the duty and authority to:
(a) Establish and coordinate districts throughout the state;
(b) Perform the duties specified in state and federal law, rules and regulations;
(c) Within the limits of appropriated federal and state funding, employ such personnel as necessary to perform adequately the functions of the office. Staff positions established for the purpose of coordinating the activities of each local council and assisting its members may be filled by the state ombudsman upon approval by the division director. Notwithstanding any other provision of this section, upon certification by the state ombudsman that the staff member hired to fill any such position has completed the initial training required, such person shall be considered a representative of the State Long-Term Care Ombudsman Program for purposes of this section;
(d) Contract for services necessary to carry out the activities of the office;
(e) Apply for, receive and accept grants, gifts or other payments, including, but not limited to, real property, personal property and services from a governmental entity or other public or private entity or person, and make arrangements for the use of such grants, gifts or payments;
(f) Coordinate, to the greatest extent possible, state and local ombudsman services with the protection and advocacy systems for individuals with developmental disabilities and mental illnesses and with legal assistance programs for the poor through adoption of memoranda of understanding and other means; and
(g) Prepare an annual report describing the activities carried out by the office and the districts during the preceding year. The state ombudsman shall submit the report, no later than February 15 of each year, to the division director, the Governor, the Lieutenant Governor, the Office of the Attorney General Medicaid Fraud Control Unit and the State Department of Health. The report must, at a minimum:
(i) Contain and analyze data collected concerning complaints about and conditions in long-term care facilities and the disposition of such complaints;
(ii) Evaluate the problems experienced by residents;
(iii) Analyze the successes of the State Long-Term Care Ombudsman Program during the preceding year, including an assessment of how successfully the program has carried out its responsibilities under the Older Americans Act of 1965, as amended, 42 USC � 3001 et seq.;
(iv) Provide recommendations for policy, regulatory and statutory changes designed to solve identified problems; resolve residents' complaints; improve residents' lives and quality of care; protect residents' rights, health, safety and welfare; and remove any barriers to the optimal operation of the State Long-Term Care Ombudsman Program;
(v) Contain recommendations from the State Long-Term Care Ombudsman Council regarding program functions and activities and recommendations for policy, regulatory and statutory changes designed to protect residents' rights, health, safety and welfare; and
(vi) Contain any relevant recommendations from the representatives of the State Long-Term Care Ombudsman Program regarding program functions and activities.
SECTION 6. The following shall be codified as Section 43-8-11, Mississippi Code of 1972:
43-8-11. (1) The state ombudsman shall designate districts to carry out the duties of the State Long-Term Care Ombudsman Program within local communities. Each district shall function under the direction of the state ombudsman.
(a) The state ombudsman shall ensure that at least one (1) individual certified by the department as a long-term care ombudsman is operating in each district. The state ombudsman shall ensure that residents throughout the state have adequate access to State Long-Term Care Ombudsman Program services.
(b) Each district shall convene a public meeting at least quarterly.
(2) The duties of the representatives of the State Long-Term Care Ombudsman Program are to:
(a) Provide services to assist in protecting the health, safety, welfare and rights of residents.
(b) Identify, investigate and resolve complaints made by or on behalf of residents relating to actions or omissions by providers of long-term care services, other public agencies, guardians, or representative payees which may adversely affect the health, safety, welfare or rights of residents.
(c) Review and, if necessary, comment on all existing or proposed rules, regulations and other governmental policies and actions relating to long-term care facilities that may potentially have an effect on the health, safety, welfare and rights of residents.
(d) Seek administrative, legal and other remedies to protect the health, safety, welfare and rights of residents.
(e) Provide technical assistance for the development of resident and family councils at long-term care facilities.
(f) Carry out other activities that the state ombudsman determines to be appropriate.
(3) In order to carry out the duties specified in subsection (2) of this section, a representative of the State Long-Term Care Ombudsman Program is authorized to enter any long-term care facility without notice or first obtaining a warrant.
(4) Each district shall be composed of ombudsmen whose primary residences are located within the boundaries of the district. Upon good cause shown, the state ombudsman may appoint an ombudsman to another district.
(a) The following individuals may not be appointed as ombudsmen:
(i) The owner or representative of a long-term care facility;
(ii) A provider or representative of a provider of long-term care service;
(iii) An employee of the State Department of Health;
(iv) An individual who is employed in the State Long-Term Care Ombudsman Program; or
(v) An employee of the Division of Medicaid.
(b) To be appointed as an ombudsman, an individual must:
(i) Submit an application to the state ombudsman or his or her designee; and
(ii) Successfully complete a background screening;
(c) The state ombudsman shall approve or deny the appointment of an individual as an ombudsman. If the state ombudsman rescinds the approval of an ombudsman, the state ombudsman shall ensure that the individual may no longer represent the State Long-Term Care Ombudsman Program until the state ombudsman provides his or her approval.
(d) Upon appointment as an ombudsman, the individual may participate in district activities but may not represent the program or conduct any authorized program duties until the individual has completed the initial training and has been certified by the state ombudsman.
(e) The state ombudsman may rescind the appointment of an individual as an ombudsman for good cause shown, such as development of a conflict of interest, failure to adhere to the policies and procedures established by the State Long-Term Care Ombudsman Program or demonstrated inability to carry out the responsibilities of the program. After an appointment is rescinded, the individual may not conduct any duties as an ombudsman and may not represent the State Long-Term Care Ombudsman Program.
(5) A representative of the State Long-Term Care Ombudsman Program may call upon appropriate state agencies for professional assistance as needed in the discharge of his or her duties, and such state agencies shall cooperate in providing requested information and agency representation.
SECTION 7. The following shall be codified as Section 43-8-13, Mississippi Code of 1972:
43-8-13. The state ombudsman and representatives of the State Long-Term Care Ombudsman Program shall not be mandatory reporters as defined by the laws of this state, and are exempt from mandatory reporting requirements regarding abuse, neglect or exploitation that would be made to adult protective services or any other entity, long-term care facility or other concerned persons, including when such reporting would disclose identifying information of a complaint or resident without appropriate consent or court order, except under the following circumstances described in this section:
(a) If a resident is unable to communicate their informed consent or perspective on the extent to which the matter has been satisfactorily resolved, the state ombudsman or representative of the State Long-Term Care Ombudsman Program may rely on the communication by a resident representative of informed consent and/or perspective regarding the resolution of the complaint if the state ombudsman or representative of the State Long-Term Care Ombudsman Program has no reasonable cause to believe that the resident representative is not acting in the best interests of the resident.
(b) The state ombudsman or representative of the State Long-Term Care Ombudsman Program may refer the matter and disclose resident-identifying information to the appropriate agency or agencies for regulatory oversight; protective services; access to administrative, legal or other remedies; and/or law enforcement action in the following circumstances:
(i) The resident is unable to communicate informed consent to state ombudsman or representative of the State Long-Term Care Ombudsman Program;
(ii) The resident has no resident representative;
(iii) The state ombudsman or representative of the State Long-Term Care Ombudsman Program has reasonable cause to believe that an action, inaction or decision may adversely affect the health, safety, welfare or rights of the resident;
(iv) The state ombudsman or representative of the State Long-Term Care Ombudsman Program has no evidence indicating that the resident would not wish a referral to be made;
(v) The state ombudsman or representative of the State Long-Term Care Ombudsman Program has reasonable cause to believe that it is in the best interest of the resident to make a referral; or
(vi) The representative of the State Long-Term Care Ombudsman Program obtains the approval of the state ombudsman or otherwise follows the policies and procedures of the Office.
(c) If the state ombudsman or representative of the State Long-Term Care Ombudsman Program personally witnesses suspected abuse, gross neglect or exploitation of a resident, the state ombudsman or representative of the office shall seek communication of informed consent from such resident to disclose resident-identifying information to appropriate agencies.
(i) Where such a resident described in paragraph (a) of this section can communicate informed consent, or has a resident representative available to provide informed consent, the state ombudsman or representative of the State Long-Term Care Ombudsman Program shall follow the direction of the resident or resident representative; or
(ii) Where the resident described in paragraph (a) of this section is unable to communicate informed consent, and has no resident representative available to provide informed consent, the state ombudsman or representative of the State Long-Term Care Ombudsman Program shall open a case with the state ombudsman or representative of the State Long-Term Care Ombudsman Program as the complainant, follow the office's complaint resolution procedures, and shall refer the matter and disclose identifying information of the resident to the management of the facility in which the resident resides and/or to the appropriate agency or agencies for substantiation of abuse, gross neglect or exploitation if all of the following apply:
1. The state ombudsman or representative of the State Long-Term Care Ombudsman Program has no evidence indicating that the resident would not wish a referral to be made;
2. The state ombudsman or representative of the State Long-Term Care Ombudsman Program has reasonable cause to believe that disclosure would be in the best interest of the resident; and
3. The representative of the State Long-Term Care Ombudsman Program obtains the approval of the state ombudsman or otherwise follows the policies and procedures of the office.
(iii) The state ombudsman or representative of the State Long-Term Care Ombudsman Program, following the policies and procedures of the office, may report the suspected abuse, gross neglect or exploitation to other appropriate agencies for regulatory oversight; protective services; access to administrative, legal or other remedies; and/or law enforcement action.
SECTION 8. The following shall be codified as Section 43-8-15, Mississippi Code of 1972:
43-8-15. (1) A representative of the State Long-Term Care Ombudsman Program shall not:
(a) Have a direct involvement in the licensing or certification of, or an ownership or investment interest in, a long-term care facility or a provider of a long-term care service;
(b) Be employed by, or participate in the management of, a long-term care facility; or
(c) Receive, or have a right to receive, directly or indirectly, remuneration, in cash or in kind, under a compensation agreement with the owner or operator of a long-term care facility.
(2) Each representative of the State Long-Term Care Ombudsman Program shall certify, prior to appointment, that he or she does not have a conflict of interest, and shall submit such a certification at the end of each calendar year.
(3) The department, in consultation with the state ombudsman, shall define by rule the following:
(a) Situations constituting a conflict of interest that could materially affect the objectivity or capacity of an individual to serve as a representative of the State Long-Term Care Ombudsman Program while carrying out the purposes of the State Long-Term Care Ombudsman Program as specified in this chapter;
(b) The procedure by which an individual must certify that he or she does not have a conflict of interest; and
(c) The regularity with which an individual must update an annual certificate.
SECTION 9. The following shall be codified as Section 43-8-17, Mississippi Code of 1972:
43-8-17. The department, in consultation with the state ombudsman, shall adopt rules implementing state and local complaint procedures. The rules must include procedures for receiving, investigating, identifying and resolving complaints concerning the health, safety, welfare and rights of residents.
SECTION 10. The following shall be codified as Section 43-8-19, Mississippi Code of 1972:
43-8-19. (1) A representative of the State Long-Term Care Ombudsman Program shall identify and investigate, within a reasonable time after a complaint is made, by or on behalf of a resident relating to actions or omissions by providers or representatives of providers of long-term care services, other public agencies, guardians or representative payees which may adversely affect the health, safety, welfare or rights of residents.
(2) If a representative of the State Long-Term Care Ombudsman Program is not allowed to enter a long-term care facility, the administrator of the facility shall be considered to have interfered with a representative of the State Long-Term Care Ombudsman Program in the performance of official duties as described in this chapter, and to have violated this section. The representative of the State Long-Term Care Ombudsman Program shall report a facility's refusal to allow entry to the state ombudsman or his or her designee, who shall report the incident to the Department of Health.
SECTION 11. The following shall be codified as Section 43-8-21, Mississippi Code of 1972:
43-8-21. (1) A representative of the State Long-Term Care Ombudsman Program shall conduct, at least annually, an onsite facility visit of each nursing home, assisted living facility and adult family-care home in this state. This facility visit must be comprehensive in nature, must be resident-centered and must focus on factors affecting residents' rights, health, safety and welfare.
(a) To the extent possible and reasonable, the facility visit may not duplicate the efforts of surveys and inspections of long-term care facilities conducted by state agencies.
(b) A facility visit shall be conducted at a time and for a duration necessary to produce the information required to complete the assessment.
(c) Advance notice of a facility visit may not be provided to a long-term care facility.
(d) A representative of the State Long-Term Care Ombudsman Program present for the facility visit must identify himself or herself to the administrator of the facility or his or her designee.
(e) A facility visit may not unreasonably interfere with the programs and activities of residents.
(f) A representative of the State Long-Term Care Ombudsman Program may not enter a single-family residential unit within a long-term care facility during a facility visit without the permission of the resident or the representative of the resident.
(g) A facility visit must be conducted in a manner that does not impose an unreasonable burden on a long-term care facility.
(h) Upon completion of a facility visit, an exit consultation must be conducted with the facility administrator or a designee representing the facility to discuss issues and concerns in areas affecting residents' rights, health, safety and welfare and, if needed, provide recommendations for improvement.
(2) An onsite facility visit may not be accomplished by forcible entry. However, if a representative of the State Long-Term Care Ombudsman Program is not allowed to enter a long-term care facility, the administrator of the facility shall be considered to have interfered with a representative of the State Long-Term Care Ombudsman Program in the performance of official duties as described in this chapter and to have committed a violation of this section. The representative of the State Long-Term Care Ombudsman Program shall report the refusal by a facility to allow entry to the state ombudsman or his or her designee, who shall report the incident to the Department of Health.
(3) The department, in consultation with the state ombudsman, may adopt rules implementing procedures for conducting onsite facility visits of long-term care facilities.
SECTION 12. The following shall be codified as Section 43-8-23, Mississippi Code of 1972:
43-8-23. (1) Any complaint verified by a representative of the State Long-Term Care Ombudsman Program as a result of an investigation which is determined to require remedial action may be identified and brought to the attention of the long-term care facility administrator subject to the confidentiality provisions of this chapter. Upon receipt of the information, the administrator, with the concurrence of the representative of the State Long-Term Care Ombudsman Program, shall establish target dates for taking appropriate remedial action. If, by the target date, the remedial action is not completed or forthcoming, the representative of the State Long-Term Care Ombudsman Program may extend the target date if there is reason to believe such action would facilitate the resolution of the complaint, or the representative of the State Long-Term Care Ombudsman Program may refer the complaint to the state ombudsman, who may refer the complaint to the Department of Health.
(2) If the representative of the State Long-Term Care Ombudsman Program determines that the health, safety, welfare or rights of a resident are in imminent danger, the representative of the State Long-Term Care Ombudsman Program must immediately notify the Department of Health and the state ombudsman.
SECTION 13. The following shall be codified as Section 43-8-25, Mississippi Code of 1972:
43-8-25. (1) The following information shall be confidential:
(a) Resident records held by the ombudsman or by the state or a local ombudsman council; and
(b) The names or identities of the complainants or residents involved in a complaint, including any problem identified by an ombudsman council as a result of an investigation, unless:
(i) The complainant or resident, or the legal representative of the complainant or resident, consents to the disclosure in writing;
(ii) The complainant or resident consents orally and the consent is documented contemporaneously in writing by the ombudsman council requesting such consent; or
(iii) The disclosure is required by court order.
(2) Members of any state or local ombudsman council shall not be required to testify in any court with respect to matters held to be confidential except as may be necessary to enforce the provisions of this chapter.
(3) Subject to the provisions of this section, the Office of State Long-Term Care Ombudsman shall adopt rules for the disclosure by the ombudsman of files maintained by the program.
(4) This section shall not limit the subpoena power of the Office of the Attorney General.
SECTION 14. The following shall be codified as Section 43-8-27, Mississippi Code of 1972:
43-8-27. (1) The office shall establish a statewide toll-free telephone number and email address for receiving complaints concerning matters adversely affecting the health, safety, welfare or rights of residents.
(2) Upon admission to a long-term care facility, each resident or representative of a resident must receive information regarding:
(a) The purpose of the State Long-Term Care Ombudsman Program;
(b) The statewide toll-free telephone number and email address for receiving complaints;
(c) Information that retaliatory action cannot be taken against a resident for presenting grievances or for exercising any other resident right; and
(d) Other relevant information regarding how to contact representatives of the State Long-Term Care Ombudsman Program.
(3) Each resident or his or her representative must be furnished additional copies of the information described under subsection (2) of this section upon request.
SECTION 15. The following shall be codified as Section 43-8-29, Mississippi Code of 1972:
43-8-29. (1) Any person making a complaint pursuant to this chapter who does so in good faith shall be immune from any liability, civil or criminal, that otherwise might be incurred or imposed as a direct or indirect result of making the complaint.
(2) Representatives of the State Long-Term Care Ombudsman Program are immune from any liability, civil or criminal, that otherwise might be incurred or imposed during the good faith performance of official duties.
SECTION 16. The following shall be codified as Section 43-8-31, Mississippi Code of 1972:
43-8-31. (1) A long-term care facility shall provide representatives of the State Long-Term Care Ombudsman Program with access to:
(a) The long-term care facility and its residents;
(b) Where appropriate, medical and social records of a resident for review, if:
(i) The representative of the State Long-Term Care Ombudsman Program has the permission of the resident or the legal representative of the resident; or
(ii) The resident is unable to consent to the review and does not have a legal representative;
(c) Medical and social records of a resident as necessary to investigate a complaint, if:
(i) A legal representative or guardian of the resident refuses to give permission;
(ii) The representative of the State Long-Term Care Ombudsman Program has reasonable cause to believe that the legal representative or guardian is not acting in the best interests of the resident; and
(iii) The representative of the State Long-Term Care Ombudsman Program obtains the approval of the state ombudsman;
(d) Administrative records, policies and documents to which residents or the general public have access; and
(e) Upon request, copies of all licensing and certification records maintained by the state with respect to a long-term care facility.
(2) The department, in consultation with the state ombudsman, may adopt rules to establish procedures to ensure access to facilities, residents and records as described in this section.
SECTION 17. The following shall be codified as Section 43-8-33, Mississippi Code of 1972:
43-8-33. (1) A person or long-term care facility or other entity may not willfully interfere with a representative of the State Long-Term Care Ombudsman Program in the performance of official duties.
(2) A person or long-term care facility or other entity may not knowingly or willfully take action or retaliate against any resident, employee or other person for filing a complaint with, providing information to or otherwise cooperating with any representative of the State Long-Term Care Ombudsman Program.
(3) A person or long-term care facility or other entity that violates this section:
(a) Is liable for damages and equitable relief as determined by law; and
(b) Is guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail for not more than six (6) months, or both such fine and imprisonment.
SECTION 18. The following shall be codified as Section 43-8-35, Mississippi Code of 1972:
43-8-35. (1) The department shall meet the costs associated with the State Long-Term Care Ombudsman Program from funds appropriated to it.
(a) The department shall include the costs associated with support of the State Long-Term Care Ombudsman Program when developing its budget requests for consideration by the Governor and submittal to the Legislature.
(b) The department may divert from the federal ombudsman appropriation an amount equal to the department's administrative cost ratio to cover the costs associated with administering the State Long-Term Care Ombudsman Program. The remaining allotment from the Older Americans Act program shall be expended on direct ombudsman activities.
(2) The department shall monitor the State Long-Term Care Ombudsman Program and its representatives to ensure the office is carrying out the duties delegated to it by state and federal law.
(3) The department shall be responsible for ensuring that the State Long-Term Care Ombudsman Program:
(a) Has the objectivity and independence required to qualify it for funding under the federal Older Americans Act;
(b) Provides information to public and private agencies, legislators, and others;
(c) Provides appropriate training to representatives of the State Long-Term Care Ombudsman Program; and
(d) Coordinates ombudsman services with the Division of Aging and Adult Services, area agencies on aging, and with providers of legal services to residents of long-term care facilities in compliance with state and federal laws.
(4) The department shall also be responsible for:
(a) Receiving and disbursing state and federal funds for purposes that the state ombudsman has formulated in accordance with the Older Americans Act; and
(b) Whenever necessary, acting as liaison between agencies and branches of the federal and state governments and the State Long-Term Care Ombudsman Program.
SECTION 19. The following shall be codified as Section 43-8-37, Mississippi Code of 1972:
43-8-37. The State Long-Term Care Ombudsman Program shall maintain a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities and to residents for the purpose of identifying and resolving complaints. Information pertaining to the number and types of complaints received by the State Long-Term Care Ombudsman Program shall be published annually.
SECTION 20. The following shall be codified as Section 43-8-39, Mississippi Code of 1972:
43-8-39. (1) The state ombudsman shall ensure that appropriate training is provided to all representatives of the State Long-Term Care Ombudsman Program.
(2) All representatives of the State Long-Term Care Ombudsman Program shall be given a minimum of thirty-six (36) hours of training upon employment with the State Long-Term Care Ombudsman Program or appointment as an ombudsman, which shall be determined by the state ombudsman. All representatives of the State Long-Term Care Ombudsman Program shall complete at a minimum eighteen (18) hours of training in the form of continuing education on an annual basis thereafter.
(3) The state ombudsman shall approve the curriculum for the initial and continuing education training, which must, at a minimum, address:
(a) Resident confidentiality;
(b) Guardianships and powers of attorney;
(c) Medication administration;
(d) Care and medication of residents with dementia and Alzheimer's disease;
(e) Accounting for residents' funds;
(f) Discharge rights and responsibilities;
(g) Cultural sensitivity; and
(h) Any other topic related to residency in a long-term care facility.
(4) An individual other than the state ombudsman may not hold himself or herself out as a representative of the State Long-Term Care Ombudsman Program or conduct any authorized program duty described in this chapter unless the individual has received the training required by this section and has been certified by the state ombudsman as qualified to carry out ombudsman activities on behalf of the office or the state or local councils. All local ombudsmen are the employees of the Area Agencies on Aging. They are not employees of the Mississippi Department of Human Services.
SECTION 21. Sections 43-7-51, 43-7-53, 43-7-55, 43-7-57, 43-7-59, 43-7-61, 43-7-63, 43-7-65, 43-7-67, 43-7-69, 43-7-71, 43-7-73, 43-7-75, 43-7-77 and 43-7-79, Mississippi Code of 1972, which are the provisions of law that constitute the Long-Term Care Facilities Ombudsman Act, are repealed.
SECTION 22. This act shall take effect and be in force from and after July 1, 2026.
