MISSISSIPPI LEGISLATURE

2000 Regular Session

To: Public Health and Welfare

By: Representative Watson

AN ACT TO AMEND SECTION 43-11-13, MISSISSIPPI CODE OF 1972, TO DIRECT THE STATE BOARD OF HEALTH TO PROMULGATE RULES AND REGULATIONS TO ALLOW PERSONS RESIDING IN A PERSONAL CARE HOME TO "AGE IN PLACE"; TO DEFINE AGE IN PLACE AS ALLOWING A PERSON TO CONTINUE RESIDING IN A PERSONAL CARE HOME AS THE PERSON AGES AND THE PERSON'S NEEDS CHANGE OVER TIME, AS LONG AS THE PERSON IS STILL ABLE TO RECEIVE THE CARE THAT HE OR SHE NEEDS WHILE RESIDING IN THE PERSONAL CARE HOME; TO PROVIDE THAT THE AGE IN PLACE REGULATIONS WILL BE SUBJECT TO STATE LAWS, LOCAL ORDINANCES AND RULES, REGULATIONS AND MINIMUM STANDARDS ADOPTED BY THE BOARD RELATIVE TO FIRE PROTECTION MEASURES AND LIFE SAFETY CODES; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-11-13, Mississippi Code of 1972, is amended as follows:

43-11-13. (1) The licensing agency shall adopt, amend, promulgate and enforce such rules, regulations and standards, including classifications, with respect to all institutions for the aged or infirm to be licensed hereunder as may be designed to further the accomplishment of the purpose of this chapter in promoting adequate care of individuals in such institutions in the interest of public health, safety and welfare. Such rules, regulations and standards shall be adopted and promulgated by the licensing agency and shall be recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled "Rules, Regulations and Minimum Standards for Institutions for the Aged or Infirm" and the book shall be open and available to all institutions for the aged or infirm and the public generally at all reasonable times. Upon the adoption of such rules, regulations and standards, the licensing agency shall mail copies thereof to all such institutions in the state which have filed with the agency their names and addresses for this purpose, but the failure to mail the same or the failure of the institutions to receive the same shall in nowise affect the validity thereof. Those rules, regulations and standards may be amended by the licensing agency from time to time as necessary to promote the health, safety and welfare of persons living in those institutions.

(2) The licensee shall keep posted in a conspicuous place on the licensed premises all current rules, regulations and minimum standards applicable to fire protection measures as adopted by the licensing agency. The licensee shall furnish to the licensing agency at least once each six (6) months a certificate of approval and inspection by state or local fire authorities. Failure to comply with state laws and/or municipal ordinances and current rules, regulations and minimum standards as adopted by the licensing agency, relative to fire prevention measures, shall be prima facie evidence for revocation of license.

(3) The State Board of Health shall promulgate rules and regulations restricting the storage, quantity and classes of drugs allowed in personal care homes. Residents requiring administration of Schedule II Narcotics as defined in the Uniform Controlled Substances Law may be admitted to a personal care home. Schedule drugs may only be allowed in a personal care home if they are administered or stored utilizing proper procedures under the direct supervision of a licensed physician or nurse.

(4) The State Board of Health shall promulgate rules and regulations to allow persons residing in a personal care home to "age in place" to the greatest extent possible. "Age in place" means that a person will be allowed to continue residing in the personal care home as the person ages and the person's needs change over time, up until the person's death, if the person or the person's family wishes for the person to do so, and as long as the person is still able to receive the care that he or she needs while residing in the personal care home. The determination about whether the person is able to receive needed care while residing in the personal care home will be made by the personal care home operator, subject to any final determination made by the licensing agency. The age in place rules and regulations will be subject to state laws, municipal ordinances and rules, regulations and minimum standards adopted by the licensing agency relative to fire protection measures and life safety codes. If allowing a person to continue residing in a personal care home would cause the home to be in violation of any fire protection measures or life safety codes, then that person will not be allowed to remain in the personal care home under the age in place rules and regulations.

SECTION 2. This act shall take effect and be in force from and after July 1, 2000.