MISSISSIPPI LEGISLATURE
2001 Regular Session
To: Public Health and Welfare
By: Senator(s) Farris
Senate Bill 2635
AN ACT TO AMEND SECTION 43-11-13, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR LICENSURE PURPOSES THAT NURSING FACILITIES DESIGNATED AS ALZHEIMER'S/DEMENTIA CARE UNITS SHALL DISCLOSE CERTAIN PROGRAM INFORMATION TO FAMILIES OF RESIDENTS; 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 said 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 said 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. Said 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 said 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 providing for the designation and licensure of alzheimer's/dementia care units which shall include, at a minimum, that the following information shall be disclosed to families of residents at the time of admitting:
(a) The philosophy of the care and mission of the alzheimer's/dementia care program;
(b) The criteria for placement in, and transfer or discharge of, residents from the program;
(c) The process used for assessment and establishment of the plan of care for the resident and its implementation;
(d) The procedures for staff training and continuing education;
(e) The facility design features that are intended to aid alzheimer's/dementia residents;
(f) The frequency and types of resident activities, as well as family involvement; and
(g) The cost of care for the residents in such alzheimer's/dementia units.
SECTION 2. This act shall take effect and be in force from and after July 1, 2001.