2021 Regular Session
To: Public Health and Welfare
By: Senator(s) Norwood
AN ACT TO AMEND SECTION 43-11-1, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT PERSONAL CARE HOMES MUST BE LICENSED AND REGULATED BY THE STATE DEPARTMENT OF HEALTH IF THEY PROVIDE INDIVIDUAL OR GROUP LIVING ARRANGEMENTS FOR ONE OR MORE PERSONS WHO ARE UNRELATED TO THE OPERATOR; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 43-11-1, Mississippi Code of 1972, is amended as follows:
43-11-1. When used in this chapter, the following words shall have the following meaning:
for the aged or infirm" means a place either governmental or private that
provides group living arrangements for four (4) or more persons who are
unrelated to the operator and who are being provided food, shelter and personal
care, whether any such place is organized or operated for profit or not. The
term "institution for the aged or infirm" includes nursing homes,
pediatric skilled nursing facilities, psychiatric residential treatment
facilities, personal care homes, convalescent homes, homes for the aged
and adult foster care facilities, provided that these institutions fall within
the scope of the definitions set forth * * *
in this section. The term "institution for the aged or infirm"
does not include hospitals, clinics or mental institutions devoted primarily to
providing medical service, and does not include any private residence in which
the owner of the residence is providing personal care services to disabled or
homeless veterans under an agreement with, and in compliance with the standards
prescribed by, the United States Department of Veterans Affairs, if the owner
of the residence also provided personal care services to disabled or homeless
veterans at any time during calendar year 2008.
(b) "Person" means any individual, firm, partnership, corporation, company, association or joint-stock association, or any licensee herein or the legal successor thereof.
(c) "Personal care" means assistance rendered by personnel of the home to aged or infirm residents in performing one or more of the activities of daily living, which includes, but is not limited to, the bathing, walking, excretory functions, feeding, personal grooming and dressing of such residents.
(d) "Personal care home" means a place either governmental or private that provides individual or group living arrangements for one or more persons who are unrelated to the operator and who are being provided food, shelter and personal care, whether any such place is organized or operated for profit or not and whether the place is for assisted living or residential living. Personal care homes shall be subject to routine inspections by the licensing agency to protect the health and safety of the residents.
( * * *
e) "Psychiatric residential
treatment facility" means any nonhospital establishment with permanent
facilities which provides a twenty-four-hour program of care by qualified
therapists, including, but not limited to, duly licensed mental health
professionals, psychiatrists, psychologists, psychotherapists and licensed
certified social workers, for emotionally disturbed children and adolescents
referred to such facility by a court, local school district or by the
Department of Human Services, who are not in an acute phase of illness requiring
the services of a psychiatric hospital, and are in need of such restorative
treatment services. For purposes of this paragraph, the term "emotionally
disturbed" means a condition exhibiting one or more of the following
characteristics over a long period of time and to a marked degree, which
adversely affects educational performance:
* * *
(i) An inability to learn which
cannot be explained by intellectual, sensory or health factors;
* * *
(ii) An inability to build or
maintain satisfactory relationships with peers and teachers;
* * *
(iii) Inappropriate types of
behavior or feelings under normal circumstances;
* * *
(iv) A general pervasive mood of
unhappiness or depression; or
* * *
(v) A tendency to develop
physical symptoms or fears associated with personal or school problems. An
establishment furnishing primarily domiciliary care is not within this
( * * *
f) "Pediatric skilled nursing
facility" means an institution or a distinct part of an institution that
is primarily engaged in providing to inpatients skilled nursing care and
related services for persons under twenty-one (21) years of age who require
medical or nursing care or rehabilitation services for the rehabilitation of
injured, disabled or sick persons.
( * * *
g) "Licensing agency" means
the State Department of Health.
( * * *
h) "Medical records" mean,
without restriction, those medical histories, records, reports, summaries,
diagnoses and prognoses, records of treatment and medication ordered and given,
notes, entries, x-rays and other written or graphic data prepared, kept, made
or maintained in institutions for the aged or infirm that pertain to residency
in, or services rendered to residents of, an institution for the aged or infirm.
( * * *
i) "Adult foster care facility"
means a home setting for vulnerable adults in the community who are unable to
live independently due to physical, emotional, developmental or mental
impairments, or in need of emergency and continuing protective social services
for purposes of preventing further abuse or neglect and for safeguarding and
enhancing the welfare of the abused or neglected vulnerable adult. Adult
foster care programs shall be designed to meet the needs of vulnerable adults
with impairments through individual plans of care, which provide a variety of
health, social and related support services in a protective setting, enabling
participants to live in the community. Adult foster care programs may be:
(i) Traditional, where the foster care provider lives in the residence and is the primary caregiver to clients in the home;
(ii) Corporate, where the foster care home is operated by a corporation with shift staff delivering services to clients; or
(iii) Shelter, where the foster care home accepts clients on an emergency short-term basis for up to thirty (30) days.
SECTION 2. This act shall take effect and be in force from and after July 1, 2021.