MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Public Health and Human Services
By: Representatives Hines, Paden, Dortch, Bell (65th)
AN ACT TO REQUIRE RESIDENTS OF CERTAIN LONG-TERM CARE FACILITIES WHO ARE SIXTY YEARS OF AGE OR OLDER TO OBTAIN A PRENEED CONTRACT THAT PROVIDES SERVICES, MERCHANDISE OR BOTH IN CONNECTION WITH THE FINAL DISPOSITION OF THE RESIDENT'S BODY AFTER HIS OR HER DEATH, WITHIN SIX MONTHS AFTER BEING ADMITTED TO THE FACILITY; TO REQUIRE RESIDENTS OF THOSE FACILITIES ON JULY 1, 2019, WHO DO NOT HAVE A PRENEED CONTRACT TO OBTAIN A PRENEED CONTRACT NOT LATER THAN DECEMBER 31, 2019; TO PROHIBIT FACILITIES FROM REFUSING TO ADMIT PERSONS OR TAKING ADVERSE ACTIONS AGAINST RESIDENTS BECAUSE THEY DO NOT HAVE A PRENEED CONTRACT; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Each resident of a nursing facility, assisted living facility, personal care home or adult foster care facility licensed under Section 43-11-1 et seq. who is sixty (60) years of age or older shall obtain a preneed contract meeting the requirements of the Preneed Cemetery and Funeral Registration Act (Sections 75-63-51 through 75-63-81) that provides services, merchandise or both in connection with the final disposition of the resident's body after his or her death, within six (6) months after being admitted to the facility. If a resident does not obtain a preneed contract within the time required by this section, the facility shall purchase a preneed contract for the resident and shall add the cost of purchasing the preneed contract to the regular charges to the resident by the facility.
(2) Any resident of a facility described in subsection (1) of this section on July 1, 2019, who is sixty (60) years of age or older, who was admitted to the facility before July 1, 2019, and who does not have a preneed contract meeting the requirements of this section shall obtain a preneed contract not later than December 31, 2019, or the facility shall purchase a preneed contract for the resident as provided in this section.
(3) A nursing facility, assisted living facility, personal care home or adult foster care facility shall not refuse to admit a person to the facility because the person does not have a preneed contract before becoming a resident of the facility, and shall not take any adverse action against a resident of a facility because the person does not obtain a preneed contract while a resident of the facility. The State Department of Health shall enforce the provisions of this subsection.
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.