Senate Bill 2846

(As Passed the Senate)

AN ACT TO AMEND SECTION 43-11-17, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF HEALTH TO CONDUCT FULL INSPECTION OF VETERANS' HOMES TWICE EACH YEAR; TO AMEND SECTION 41-85-9, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT OF HEALTH TO CONDUCT FULL INSPECTIONS OF HOSPICE INPATIENT FACILITIES ANNUALLY; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 43-11-17, Mississippi Code of 1972, is amended as follows:

43-11-17. (1) The licensing agency shall make or cause to be made such inspections and investigations as it deems necessary.

(2) The Department of Health shall conduct a full inspection of all veterans' homes twice each year to determine compliance with all standards, including life safety code standards.

SECTION 2. Section 41-85-9, Mississippi Code of 1972, is amended as follows:

41-85-9. (1) Any duly authorized officer or employee of the department shall have the right to make such inspections and investigations as are necessary in order to determine the state of compliance with the provisions of this chapter and of rules or standards in force pursuant hereto. The right of inspection shall also extend to any program which the department has reason to believe is offering or advertising itself as a hospice without a license, but no inspection of any such program may be made without the permission of the owner or person in charge thereof unless a warrant is first obtained authorizing such inspection. Any application for a license or renewal thereof made pursuant to this chapter shall constitute permission for any inspection of the hospice for which the license is sought in order to facilitate verification of the information submitted on or in connection with the application.

(2) The department shall conduct a full inspection of all hospice inpatient facilities on an annual basis to determine compliance with licensing standards established by the Mississippi State Board of Health.

SECTION 3. This act shall take effect and be in force from and after July 1, 2004.