MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Public Health and Welfare

By: Representative Smith (59th)

AN ACT TO AMEND SECTION 43-11-13, MISSISSIPPI CODE OF 1972, TO REQUIRE NURSING HOME SURVEYORS TO OBSERVE ACTUAL NURSING HOME OPERATIONS AS PART OF BASIC TRAINING; TO AMEND SECTION 73-17-9, MISSISSIPPI CODE OF 1972, TO REQUIRE NURSING HOME ADMINISTRATORS TO OBSERVE ACTUAL OPERATIONS OF THE DEPARTMENT OF HEALTH'S LICENSURE AND SURVEY PROCESS AS PART OF REQUIRED LICENSURE STANDARDS; TO REQUIRE NURSING HOME SURVEYORS AND NURSING HOME ADMINISTRATORS TO KEEP CONFIDENTIAL IDENTIFYING INFORMATION ABOUT PERSONS OR ENTITIES LEARNED WHILE OBSERVING THOSE OPERATIONS; 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 under this chapter as may be designed to further the accomplishment of the purpose of this chapter in promoting adequate care of individuals in those institutions in the interest of public health, safety and welfare. Those 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 those 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 no way affect the validity thereof. The 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) Beginning July 1, 2001, the licensing agency shall provide that each newly hired nursing home surveyor, as part of his or her basic training, is assigned full time to a licensed institution for the aged or infirm, for at least two (2) days within a fourteen-day period to observe actual operations in a facility outside of the survey process before the trainee begins oversight responsibilities. Subsequently, the surveyor shall not be a part of a survey or survey team in a facility in which he or she has observed, for a period of at least two (2) years. The surveyor shall keep confidential and not disclose to any person identifying information about any person or entity that the surveyor learned while observing operations as required by this section.

SECTION 2. Section 73-17-9, Mississippi Code of 1972, is amended as follows:

73-17-9. It shall be the function and duty of the board to:

(a) (i) Develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators;

(ii) Beginning July 1, 2001, the board shall provide that meeting the licensure standards will include a requirement that the individual spend at least two (2) days within a fourteen-day period with surveyors and personnel of the Division of Licensure and Certification, State Department of Health, to observe actual operations of the licensure and survey process. The individual shall keep confidential and not disclose to any person identifying information about any person or entity that the individual learned while observing operations as required by this subparagraph.

(b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards;

(c) Issue licenses to individuals determined, after the application of such techniques, to meet such standards, and revoke or suspend licenses previously issued by the board in any case where the individual holding any such license is determined substantially to have failed to conform to the requirements of such standards;

(d) Establish and carry out procedures designed to insure that individuals licensed as nursing home administrators will, during any period that they serve as such, comply with the requirements of such standards;

(e) Receive, investigate, and take appropriate action with respect to any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of such standards;

(f) Conduct a continuing study and investigation of nursing homes and administrators of nursing homes within the state with a view to the improvement of the standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of such standards with respect to administrators of nursing homes who have been licensed as such; and

(g) To devise and implement an educational program designed to increase the professional proficiency of nursing home administrators and to assist otherwise qualified individuals to prepare for careers in nursing home administration.

SECTION 3. This act shall take effect and be in force from and after July 1, 2001.