MISSISSIPPI LEGISLATURE

2006 Regular Session

To: Public Health and Human Services

By: Representative Fredericks

House Bill 376

AN ACT TO CODIFY NEW SECTION 43-11-51, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT OPERATORS OF A HOME OR FACILITY IN WHICH PERSONAL CARE SERVICES ARE PROVIDED TO UP TO THREE NONAMBULATORY BEDRIDDEN PERSONS WHO ARE NOT RELATED TO THE OPERATOR MUST REGISTER WITH THE STATE DEPARTMENT OF HEALTH BEFORE PROVIDING THE PERSONAL CARE SERVICES; TO REQUIRE EACH PERSON WHO ACTUALLY PROVIDES THE PERSONAL CARE SERVICES IN THE HOME OR FACILITY OF THE OPERATOR TO HAVE TRAINING IN MINIMUM STANDARDS OF CARE FOR NONAMBULATORY BEDRIDDEN PERSONS; TO DIRECT THE DEPARTMENT TO DEVELOP THE MINIMUM STANDARDS OF CARE AND TO ESTABLISH AND PROVIDE A TRAINING COURSE AT WHICH THE PROVIDERS OF PERSONAL CARE SERVICES MAY RECEIVE THE REQUIRED TRAINING; AND FOR RELATED PURPOSES.

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

     SECTION 1.  The following shall be codified as Section 43-11-51, Mississippi Code of 1972:

     43-11-51.  (1)  As used in this section:

          (a)  "Department" means the State Department of Health.

          (b)  "Operator" means a person who provides personal care services for compensation to not more than three (3) nonambulatory bedridden persons who are not related to the provider in a home or other facility operated by the provider.

          (c)  "Personal care" has the meaning as defined in Section 43-11-1.

     (2)  Before an operator may provide personal care services in a home or facility, the operator shall register with the department on forms provided by the department.  However, any operator who is providing personal care services in a home or facility on July 1, 2006, shall have until September 1, 2006, to register with the department.

     (3)  Each person who actually provides the personal care services in the home or facility of the operator shall have training in minimum standards of care for nonambulatory bedridden persons.  The department shall develop the minimum standards of care and shall establish and provide a training course at which the providers of personal care services may receive the training required by this section.

     (4)  From and after January 1, 2007, an operator shall not provide personal care services in a home or facility unless each person who actually provides the personal care services in the home or facility of the operator has received the training in minimum standards of care for nonambulatory bedridden persons provided by the department.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2006.