MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Public Health and Welfare

By: Representative Guice

AN ACT TO PROHIBIT UNLICENSED PERSONAL CARE HOMES FROM USING THE SERVICES OF HOME HEALTH AGENCIES; TO AMEND SECTION 43-11-25, MISSISSIPPI CODE OF 1972, TO PROVIDE CRIMINAL PENALTIES FOR PERSONS VIOLATING THE PREVIOUS PROVISION; TO PROHIBIT HOME HEALTH AGENCIES FROM PROVIDING SERVICES TO UNLICENSED PERSONAL CARE HOMES; TO AMEND SECTION 41-71-21, MISSISSIPPI CODE OF 1972, TO PROVIDE CRIMINAL PENALTIES FOR PERSONS VIOLATING THE PREVIOUS PROVISION; AND FOR RELATED PURPOSES. 

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

SECTION 1. No personal care home required to be licensed under this chapter shall use the services of a home health agency unless the personal care home has a valid license under this chapter.

SECTION 2. Section 43-11-25, Mississippi Code of 1972, is amended as follows:

43-11-25. (1) Any person establishing, conducting, managing or operating an institution for the aged or infirm without a license under this chapter shall be guilty of a misdemeanor, and upon conviction shall be fined not more than One Thousand Dollars ($1,000.00) for the first offense and not more than One Thousand Dollars ($1,000.00) for each subsequent offense, and each day of a continuing violation after conviction shall be considered a separate offense.

(2) Any person operating a personal care home without a valid license under this chapter who uses or authorizes the use of the services of a home health agency at the personal care home shall be guilty of a misdemeanor and, upon conviction for the first offense, shall be fined not more than Five Hundred Dollars ($500.00); for a second offense, the offenses occurring within a period of three (3) years, shall be fined not more than One Thousand Dollars ($1,000.00); and for a third or subsequent offense, the offenses occurring within a period of three (3) years, shall be fined not more than Five Thousand Dollars ($5,000.00), or sentenced to not more than one (1) year in the county jail, or both. The penalties under this subsection shall be in addition to any penalties under subsection (1) of this section.

SECTION 3. No home health agency shall provide any services to any personal care home required to be licensed under Section 43-11-1 et seq., unless the personal care home has a valid license under Section 43-11-1 et seq.

SECTION 4. Section 41-71-21, Mississippi Code of 1972, is amended as follows:

41-71-21. (1) Any person or persons or other entity or entities establishing, managing or operating a home health agency or conducting the business of a home health agency without the required license, or which otherwise violate any of the provisions of this chapter or the rules, regulations or standards promulgated and established in furtherance of this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day of a continuing violation shall be considered a separate offense. The licensing agency may seek injunctive relief in the event it deems such action necessary after consulting with the State Attorney General.

(2) Any person operating a home health agency who provides or authorizes the providing of any services to any personal care home without a valid license under Section 43-11-1 et seq., shall be guilty of a misdemeanor and, upon conviction for the first offense, shall be fined not more than Five Hundred Dollars ($500.00); for a second offense, the offenses occurring within a period of three (3) years, shall be fined not more than One Thousand Dollars ($1,000.00); and for a third or subsequent offense, the offenses occurring within a period of three (3) years, shall be fined not more than Five Thousand Dollars ($5,000.00), or sentenced to not more than one (1) year in the county jail, or both. The penalties under this subsection shall be in addition to any penalties under subsection (1) of this section.

SECTION 5. Section 1 of this act shall be codified in Chapter 11, Title 43, Mississippi Code of 1972, and Section 3 of this act shall be codified in Chapter 71, Title 41, Mississippi Code of 1972.

SECTION 6. This act shall take effect and be in force from and after July 1, 1997.