MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Public Health and Human Services

By: Representative Sanford

House Bill 1074

AN ACT TO BE KNOWN AS THE BE KNOWN AS THE MISSISSIPPI LONG TERM CARE OMBUDSMAN ACT; TO CREATE THE STATE LONG-TERM CARE OMBUDSMAN PROGRAM IN THE DEPARTMENT OF HUMAN SERVICES, WITHIN THE DIVISION OF AGING AND ADULT SERVICES; TO PROVIDE THAT THE OMBUDSMAN PROGRAM SHALL BE HEADED BY THE STATE LONG-TERM CARE OMBUDSMAN, WHO SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR OF HUMAN SERVICES; TO PROVIDE THAT THE DIVISION OF AGING AND ADULT SERVICES SHALL HAVE A DESIGNATED LEGAL COUNSEL TO ADVISE, ASSIST AND AID THE STATE OMBUDSMAN; TO PRESCRIBE PURPOSE OF THE OMBUDSMAN PROGRAM; TO SPECIFY THE DUTIES AND AUTHORITY OF THE STATE LONG-TERM CARE OMBUDSMAN; TO REQUIRE THE STATE OMBUDSMAN TO DESIGNATE DISTRICTS TO CARRY OUT THE DUTIES OF THE OMBUDSMAN PROGRAM WITHIN LOCAL COMMUNITIES; TO PROVIDE FOR THE APPOINTMENT OF REPRESENTATIVES OF THE OMBUDSMAN PROGRAM AND PRESCRIBE THEIR DUTIES; TO REQUIRE THE DEPARTMENT TO ADOPT STATE AND LOCAL COMPLAINT PROCEDURES; TO PROVIDE FOR INVESTIGATIONS BY REPRESENTATIVES OF THE OMBUDSMAN PROGRAM AND ONSITE FACILITY VISITS; TO PROVIDE FOR COMPLAINT NOTIFICATION AND RESOLUTION PROCEDURES; TO PROVIDE THAT CERTAIN INFORMATION AND RECORDS OF THE OMBUDSMAN ARE CONFIDENTIAL; TO PROVIDE UPON ADMISSION TO A LONG-TERM CARE FACILITY, EACH RESIDENT OR REPRESENTATIVE OF A RESIDENT MUST RECEIVE INFORMATION REGARDING THE OMBUDSMAN PROGRAM; TO PROVIDE IMMUNITY FOR ANY PERSON MAKING A COMPLAINT PURSUANT TO THIS ACT IN GOOD FAITH; TO PROHIBIT RETALIATION AGAINST A PERSON FOR FILING A COMPLAINT WITH, PROVIDING INFORMATION TO, OR OTHERWISE COOPERATING WITH ANY REPRESENTATIVE OF THE OMBUDSMAN PROGRAM; TO REQUIRE THE STATE OMBUDSMAN TO ENSURE THAT APPROPRIATE TRAINING IS PROVIDED TO ALL REPRESENTATIVES OF THE STATE OMBUDSMAN PROGRAM; TO AMEND SECTIONS 43-47-7 AND 43-47-37, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO REPEAL SECTIONS 43-7-51 THROUGH 43-7-79, MISSISSIPPI CODE OF 1972, WHICH ARE THE LONG-TERM CARE FACILITIES OMBUDSMAN ACT; AND FOR RELATED PURPOSES.

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

SECTION 1. Short title. This chapter shall be known as and may be cited as the "Mississippi Long-Term Care Ombudsman Act".

SECTION 2. Legislative purpose. (1) In accordance with the Older Americans Act, 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. Definitions. For the purposes of this chapter, the following words shall have the meanings as defined in this section, unless the context otherwise requires:

(a) "Administrator" means any person with the general administration or supervision of a long-term care facility without regard to whether the person has ownership interest in the facility or to whether the 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 Department of Human Services.

(e) "Division Director" means the Division Director of Aging and Adult Services of the Department of Human Services.

(f) "Executive Director" means the Executive Director of Human Services.

(g) "Facility visit" means a review of conditions in a long-term care facility that 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 that is subject to licensure by the State Department of Health.

(k) "Office" means the Office of the State Long-Term Care Ombudsman Program created by this chapter.

(l) "Ombudsman" means an individual who has been certified by the state ombudsman and meets the requirements prescribed by 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" means the same 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 the 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 the 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 Section 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 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 further in this chapter are carried out, operating under the direction of the State Long-Term Care Ombudsman.

SECTION 4. Establishment of the State Long-Term Care Ombudsman Program; designation of ombudsman and legal counsel. (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) (a) 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.

(b) The state ombudsman shall be appointed by and shall serve at the pleasure of the Executive Director of Human Services. 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 of Aging and Adult Services 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 of the State Long-Term Care Ombudsman Program 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. State Long-Term Care Ombudsman Program; duties and responsibilities. (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 ombudsman program and its representatives.

(d) Ensure that residents have regular and timely access to the services provided through the state ombudsman program and that residents and complainants receive timely responses from representatives of the state 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 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 ombudsman upon approval by the division director. Notwithstanding any other provision of this chapter, upon certification by the 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 chapter;

(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, no later than February 15, describing the activities carried out by the office and the districts in the year for which the report is prepared. The state ombudsman shall submit the report 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 ombudsman program during the preceding year, including an assessment of how successfully the program has carried out its responsibilities under the Older Americans Act;

(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 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. Long-term care ombudsman districts; representatives of the State Long-Term Care Ombudsman Program; duties; appointment. (1) (a) The state ombudsman shall designate districts to carry out the duties of the state ombudsman program within local communities. Each district shall function under the direction of the state ombudsman.

(b) The state ombudsman shall ensure that there is at least one (1) individual certified by the department as a long-term care ombudsman operating in each district. The state ombudsman shall ensure that residents throughout the state have adequate access to state ombudsman program services.

(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 that 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; and

(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; however, Section 11 of this act may apply regarding notice of a follow up facility visit.

(4) (a) 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.

(b) 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 Adult Protective Services Program;

(v) An employee of the Division of Medicaid; or

(vi) An individual who provides guardianship, conservatorship or other fiduciary or surrogate decision-making services for residents of long-term care facilities.

(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 the 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 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 state ombudsman 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 ombudsman program, or demonstrated inability to carry out the responsibilities of the program. After the appointment is rescinded, the individual may not conduct any duties as an ombudsman and may not represent the state 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. Exception of state mandated reporter requirements. The state ombudsman and representatives of the State Long-Term Care Ombudsman Program shall not be mandated reporters as defined by Sections 43-47-7 and 43-47-37 or other 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 as provided:

(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; and/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) (i) 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 ombudsman or representative of the office shall seek communication of informed consent from such resident to disclose resident-identifying information to appropriate agencies.

(ii) Where such resident 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.

(iii) Where the resident 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 in the following circumstances:

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.

(iv) In addition, 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. Conflicts of interest. (1) A representative of the State Long-Term Care Ombudsman Program may 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, before appointment, that he or she does not have a conflict of interest, and shall submit a certification at the end of each calendar year.

(3) The department, in consultation with the state ombudsman, shall define by rule:

(a) Situations that constitute 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 ombudsman program as specified in this section;

(b) The procedure by which an individual must certify that he or she does not have a conflict of interest; and

SECTION 9. State Long-Term Care Ombudsman Program complaint procedures. 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. Ombudsman investigations. (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 that 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 State Department of Health.

SECTION 11. Local ombudsman onsite facility visits. (1) (a) 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. This facility visit must be comprehensive in nature, must be resident-centered, and must focus on factors affecting residents' rights, health, safety and welfare.

(b) 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.

(c) A facility visit shall be conducted at a time and for a duration necessary to produce the information required to complete the assessment.

(d) Advance notice of a facility visit may not be provided to a long-term care facility.

(e) 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.

(f) A facility visit may not unreasonably interfere with the programs and activities of residents.

(g) 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.

(h) A facility visit must be conducted in a manner that does not impose an unreasonable burden on a long-term care facility.

(i) 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, make 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 State 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. Complaint notification and resolution procedures. (1) Any complaint verified by a representative of the State Long-Term Care Ombudsman Program as a result of an investigation that 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 State 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 State Department of Health and the state ombudsman.

SECTION 13. Confidentiality. (1) The following are 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 shall adopt rules for the disclosure by the ombudsman of files maintained by the program.

(4) This section does not limit the subpoena power of the Office of the Attorney General.

SECTION 14. Citizen access to State Long-Term Care Ombudsman Program services. (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 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 this information upon request.

SECTION 15. Immunity. (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. Access to facilities, residents, and records. (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;

(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. Interference; retaliation; penalties. (1) A person, 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, 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, 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. Department oversight; funding. (1) (a) The department shall meet the costs associated with the state ombudsman program from funds appropriated to the department by the Legislature.

(b) The department shall include the costs associated with support of the state ombudsman program when developing its budget requests for consideration by the Governor and for submission to and consideration by the Legislature.

(c) 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 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 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 is responsible for ensuring that the state 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;

(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.

(3) The department shall also:

(a) Receive and disburse state and federal funds for purposes that the state ombudsman has formulated in accordance with the Older Americans Act; and

(b) Whenever necessary, act as liaison between agencies and branches of the federal and state governments and the state ombudsman program.

SECTION 19. Complaint data reports. The State 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 ombudsman program shall be published annually.

SECTION 20. Training. (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 Long-Term Care 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;

(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. Section 43-47-7, Mississippi Code of 1972, is amended as follows:

43-47-7. (1) (a) Except as otherwise provided by Section 43-47-37 for vulnerable persons in care facilities and by Section * * *~~43‑7‑65~~ 7 of this act for the State Ombudsman Program, any person including, but not limited to, the following, who knows or suspects that a vulnerable person has been or is being abused, neglected or exploited shall immediately report such knowledge or suspicion to the Department of Human Services or to the county department of human services where the vulnerable person is located. If the vulnerable person is a minor, then such report may be made to the Department of Child Protection Services:

(i) Attorney, physician, osteopathic physician, medical examiner, chiropractor or nurse engaged in the admission, examination, care or treatment of vulnerable persons;

(ii) Health professional or mental health professional other than one listed in subparagraph (i);

(iii) Practitioner who relies solely on spiritual means for healing;

(iv) Social worker, family protection worker, family protection specialist or other professional care, residential or institutional staff;

(v) State, county or municipal criminal justice employee or law enforcement officer;

(vi) Human rights advocacy committee or long-term care ombudsman council member; or

(vii) Accountant, stockbroker, financial advisor or consultant, insurance agent or consultant, investment advisor or consultant, financial planner, or any officer or employee of a bank, savings and loan, credit union or any other financial service provider.

(b) To the extent possible, a report made pursuant to paragraph (a) must contain, but need not be limited to, the following information:

(i) Name, age, race, sex, physical description and location of each vulnerable person alleged to have been abused, neglected or exploited * * *.;

(ii) Names, addresses and telephone numbers of the vulnerable person's family members * * *.;

(iii) Name, address and telephone number of each alleged perpetrator * * *.;

(iv) Name, address and telephone number of the caregiver of the vulnerable person, if different from the alleged perpetrator * * *.;

(v) Description of the neglect, exploitation, physical or psychological injuries sustained * * *.;

(vi) Actions taken by the reporter, if any, such as notification of the criminal justice agency * * *.; and

(vii) Any other information available to the reporting person which may establish the cause of abuse, neglect or exploitation that occurred or is occurring.

In addition to the above, any person or entity holding or required to hold a license as specified in Title 73, Professions and Vocations, Mississippi Code of 1972, shall be required to give his, her or its name, address and telephone number in the report of the alleged abuse, neglect or exploitation.

(c) The department, or its designees, shall report to an appropriate criminal investigative or prosecutive authority any person required by this section to report or who fails to comply with this section. A person who fails to make a report as required under this subsection or who, because of the circumstances, should have known or suspected beyond a reasonable doubt that a vulnerable person suffers from exploitation, abuse, neglect or self-neglect but who knowingly fails to comply with this section shall, upon conviction, be guilty of a misdemeanor and 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. However, for purposes of this subsection (1), any recognized legal financial transaction shall not be considered cause to report the knowledge or suspicion of the financial exploitation of a vulnerable person. If a person convicted under this section is a member of a profession or occupation that is licensed, certified or regulated by the state, the court shall notify the appropriate licensing, certifying or regulating entity of the conviction.

(2) Reports received by law enforcement authorities or other agencies shall be forwarded immediately to the Department of Human Services or the county department of human services. The Department of Human Services shall investigate the reported abuse, neglect or exploitation immediately and shall file a preliminary report of its findings with the Office of the Attorney General within forty-eight (48) hours if immediate attention is needed, or seventy-two (72) hours if the vulnerable person is not in immediate danger and shall make additional reports as new information or evidence becomes available. The Department of Human Services, upon request, shall forward a statement to the person making the initial report required by this section as to what action is being taken, if any.

(3) The report may be made orally or in writing, but where made orally, it shall be followed up by a written report. A person who fails to report or to otherwise comply with this section, as provided herein, shall have no civil or criminal liability, other than that expressly provided for in this section, to any person or entity in connection with any failure to report or to otherwise comply with the requirements of this section.

(4) Anyone who makes a report required by this section or who testifies or participates in any judicial proceedings arising from the report or who participates in a required investigation or evaluation shall be presumed to be acting in good faith and in so doing shall be immune from liability, civil or criminal, that might otherwise be incurred or imposed. However, the immunity provided under this subsection shall not apply to any suspect or perpetrator of any abuse, neglect or exploitation.

(5) A person who intentionally makes a false report under the provisions of this section may be found liable in a civil suit for any actual damages suffered by the person or persons so reported and for any punitive damages set by the court or jury.

(6) The Executive Director of the Department of Human Services shall establish a statewide central register of reports made pursuant to this section. The central register shall be capable of receiving reports of vulnerable persons in need of protective services seven (7) days a week, twenty-four (24) hours a day. To effectuate this purpose, the executive director shall establish a single toll-free statewide phone number that all persons may use to report vulnerable persons in need of protective services, and that all persons authorized by subsection (7) of this section may use for determining the existence of prior reports in order to evaluate the condition or circumstances of the vulnerable person before them. Such oral reports and evidence of previous reports shall be transmitted to the appropriate county department of human services. The central register shall include, but not be limited to, the following information: the name and identifying information of the individual reported, the county department of human services responsible for the investigation of each such report, the names, affiliations and purposes of any person requesting or receiving information which the executive director believes might be helpful in the furtherance of the purposes of this chapter, the name, address, birth date, social security number of the perpetrator of abuse, neglect and/or exploitation, and the type of abuse, neglect and/or exploitation of which there was substantial evidence upon investigation of the report. The central register shall inform the person making reports required under this section of his or her right to request statements from the department as to what action is being taken, if any.

Each person, business, organization or other entity, whether public or private, operated for profit, operated for nonprofit or a voluntary unit of government not responsible for law enforcement providing care, supervision or treatment of vulnerable persons shall conduct criminal history records checks on each new employee of the entity who provides, and/or would provide direct patient care or services to adults or vulnerable persons, as provided in Section 43-11-13.

The department shall not release data that would be harmful or detrimental to the vulnerable person or that would identify or locate a person who, in good faith, made a report or cooperated in a subsequent investigation unless ordered to do so by a court of competent jurisdiction.

(7) Reports made pursuant to this section, reports written or photographs taken concerning such reports in the possession of the Department of Human Services or the county department of human services shall be confidential and shall only be made available to:

(a) A physician who has before him a vulnerable person whom he reasonably suspects may be abused, neglected or exploited, as defined in Section 43-47-5;

(b) A duly authorized agency having the responsibility for the care or supervision of a subject of the report;

(c) A grand jury or a court of competent jurisdiction, upon finding that the information in the record is necessary for the determination of charges before the grand jury;

(d) A district attorney or other law enforcement official;

(e) Federal, state or local governmental entities, social service agencies of another state, or any agent of these entities, having a need for the information in order to carry out their responsibilities under law to protect individuals from abuse, neglect, or exploitation under this chapter; and

(f) A guardian ad litem, guardian or conservator authorized by a court to act as a representative for a vulnerable person in need of protective services who is the subject of a report.

Notwithstanding the provisions of paragraph (b) of this subsection, the department may not disclose a report of the abandonment, exploitation, abuse, neglect or self-neglect of a vulnerable person to the vulnerable person's guardian, attorney-in-fact, surrogate decision maker, or caregiver who is a perpetrator or alleged perpetrator of the abandonment, exploitation, abuse or neglect of the vulnerable person.

Any person given access to the names or other information identifying the subject of the report, except the subject of the report, shall not divulge or make public such identifying information unless he is a district attorney or other law enforcement official and the purpose is to initiate court action. Any person who willfully permits the release of any data or information obtained pursuant to this section to persons or agencies not permitted to such access by this section shall be guilty of a misdemeanor.

(8) Upon reasonable cause to believe that a caretaker or other person has abused, neglected or exploited a vulnerable person, the department shall promptly notify the district attorney of the county in which the vulnerable person is located and the Office of the Attorney General, except as provided in Section 43-47-37(2).

SECTION 22. Section 43-47-37, Mississippi Code of 1972, is amended as follows:

43-47-37. (1) Any person who, within the scope of his employment at a care facility as defined in Section 43-47-5(b), or in his professional or personal capacity, has knowledge of or reasonable cause to believe that any patient or resident of a care facility has been the victim of abuse, neglect or exploitation shall report immediately the abuse, neglect or exploitation.

(2) The reporting of conduct as required by subsection (1) of this section shall be made:

(a) By any employee of any home health agency, orally or telephonically, within twenty-four (24) hours of discovery, excluding Saturdays, Sundays and legal holidays, to the department and the Medicaid Fraud Control Unit of the Attorney General's office.

(b) By a home health agency, in writing within seventy-two (72) hours of discovery to the department and the Medicaid Fraud Control Unit. Upon initial review, the Medicaid Fraud Control Unit shall make a determination whether or not the person suspected of committing the reported abuse, neglect or exploitation was an employee of the home health agency. If so, the Medicaid Fraud Control Unit shall determine whether there is substantial potential for criminal prosecution, and upon a positive determination, shall investigate and prosecute the complaint or refer it to an appropriate criminal investigative or prosecutive authority. If the alleged perpetrator is not an employee of the home health agency, the department shall investigate and process the complaint or refer it to an appropriate investigative or prosecutive authority.

(c) By all other care facilities, orally or telephonically, within twenty-four (24) hours of discovery, excluding Saturdays, Sundays and legal holidays, to the State Department of Health and the Medicaid Fraud Control Unit of the Attorney General's office.

(d) By all other care facilities, in writing, within seventy-two (72) hours of the discovery, to the State Department of Health and the Medicaid Fraud Control Unit. If, upon initial review by the State Department of Health and the Medicaid Fraud Control Unit, a determination is made that there is substantial potential for criminal prosecution, the unit will investigate and prosecute the complaint or refer it to an appropriate criminal investigative or prosecutive authority.

(3) The contents of the reports required by subsections (1) and (2) of this section shall contain the following information unless the information is unobtainable by the person reporting:

(a) The name, address, telephone number, occupation and employer's address and telephone number of the person reporting;

(b) The name and address of the patient or resident who is believed to be the victim of abuse or exploitation;

(d) Any statements relating to the incident made by the patient or resident;

(e) The date, time and place of the incident;

(f) The name of any individual(s) believed to have knowledge of the incident;

(g) The name of the individual(s) believed to be responsible for the incident and their connection to the patient or resident; and

(h) Such other information that may be required by the State Department of Health and/or the Medicaid Fraud Control Unit, as requested.

(4) Except as otherwise provided by Section * * *~~43‑7‑65~~ 7 of this act for the State Long-Term Care Ombudsman Program, any other individual who has knowledge of or reasonable cause to believe that any patient or resident of a care facility has been the victim of abuse, exploitation or any other criminal offense may make a report to the State Department of Health and the Medicaid Fraud Control Unit.

(5) (a) Any individual who, in good faith, makes a report as provided in this section or who testifies in an official proceeding regarding matters arising out of this section shall be immune from all criminal and civil liability. The immunity granted under this subsection shall not apply to any suspect or perpetrator of abuse, neglect or exploitation of any vulnerable person, or of any other criminal act under any statute of this state or municipal ordinance defining any act as a crime or misdemeanor.

(b) No person shall terminate from employment, demote, reject for promotion or otherwise sanction, punish or retaliate against any individual who, in good faith, makes a report as provided in this section or who testifies in any official proceeding regarding matters arising out of this section.

(6) Any care facility that complies in good faith with the requirements of this section to report the abuse or exploitation of a patient or resident in the care facility shall not be sanctioned by the State Department of Health for the occurrence of such abuse or exploitation if the care facility demonstrates that it adequately trained its employees and that the abuse or exploitation was caused by factors beyond the control of the care facility.

(7) Every person who knowingly fails to make the report as required by subsections (1), (2) and (3) of this section or attempts to induce another, by threat or otherwise, to fail to make a report as required by subsections (1), (2) and (3) of this section shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine of not exceeding Five Hundred Dollars ($500.00), or by imprisonment in the county jail for not more than six (6) months, or both such fine and imprisonment.

(8) Copies of Sections 43-47-7 and 43-47-37 shall be posted prominently in every health care facility.

(9) If, after initial inquiry or investigation, the Medicaid Fraud Control Unit determines that there is reasonable cause to believe that an employee of a home health agency has abused, neglected or exploited a vulnerable person, the unit shall notify the Mississippi State Department of Health of the alleged abuse, neglect or exploitation.

(10) Upon a judicial determination of evidence that an employee of a care facility has abused, neglected or exploited a vulnerable person, the appropriate investigative agency shall immediately provide the following information to the central registry: name, address, birth date, social security number of the perpetrator; type of abuse, neglect and/or exploitation; name, address, birth date, social security number of the victim; and date of the incident and report.

SECTION 23. 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 Long-Term Care Facilities Ombudsman Act, are repealed.

SECTION 24. Sections 1 through 20 of this act shall be codified as a new Chapter 8 in Title 43, Mississippi Code of 1972.

SECTION 25. This act shall take effect and be in force from and after July 1, 2026.