reglab/housing_qa huggingface dataset:
MS Code § 43-11-3 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 11 - Institutions for the Aged or Infirm|In General|§ 43-11-3. Purpose

 The purpose of this chapter is to protect and promote the public welfare by providing for the development, establishment and enforcement of certain standards in the maintenance and operation of institutions for the aged or infirm which will insure safe, sanitary and reasonably adequate care of individuals in such institutions.
MS Code § 43-11-5 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 11 - Institutions for the Aged or Infirm|In General|§ 43-11-5. License

 No person, acting severally or jointly with any other person, shall establish, conduct, or maintain an institution for the aged or infirm in this state without a license under this chapter.
MS Code § 43-11-7 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 11 - Institutions for the Aged or Infirm|In General|§ 43-11-7. Application for license for institution for aged or infirm or personal care home; license fees

 Any person, as defined in Section 43-11-1, may apply for a license as provided in this section. An application for a license shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed under this chapter. Each application for a license for an institution for the aged or infirm, except for personal care homes, shall be accompanied by a license fee of Twenty Dollars ($20.00) for each bed in the institution, with a minimum fee per institution of Two Hundred Dollars ($200.00), which shall be paid to the licensing agency. Each application for a license for a personal care home shall be accompanied by a license fee of Fifteen Dollars ($15.00) for each bed in the institution, with a minimum fee per institution of One Hundred Dollars ($100.00), which shall be paid to the licensing agency.   Any increase in the fee charged by the licensing agency under this section shall be in accordance with the provisions of Section 41-3-65.   No governmental entity or agency shall be required to pay the fee or fees set forth in this section.
MS Code § 43-11-8 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 11 - Institutions for the Aged or Infirm|In General|§ 43-11-8. Application for license for adult foster care facility; license fees; license renewal

  An application for a license for an adult foster care facility shall be made to the licensing agency upon forms provided by it and shall contain such information as the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed hereunder. Each application for a license for an adult foster care facility shall be accompanied by a license fee of Ten Dollars ($10.00) for each person or bed of licensed capacity, with a minimum fee per home or institution of Fifty Dollars ($50.00), which shall be paid to the licensing agency. Any increase in the fee charged by the licensing agency under this subsection shall be in accordance with the provisions of Section 41-3-65.   A license, unless suspended or revoked, shall be renewable annually upon payment by the licensee of an adult foster care facility, except for personal care homes, of a renewal fee of Ten Dollars ($10.00) for each person or bed of licensed capacity in the institution, with a minimum renewal fee per institution of Fifty Dollars ($50.00), which shall be paid to the licensing agency, and upon filing by the licensee and approval by the licensing agency of an annual report upon such uniform dates and containing such information in such form as the licensing agency prescribes by regulation. Any increase in the fee charged by the licensing agency under this subsection shall be in accordance with the provisions of Section 41-3-65. Each license shall be issued only for the premises and person or persons or other legal entity or entities named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. Licenses shall be posted in a conspicuous place on the licensed premises.
MS Code § 43-11-9 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 11 - Institutions for the Aged or Infirm|In General|§ 43-11-9. Issuance and renewal of license for institution for aged or infirm or personal care home; user fee

  Upon receipt of an application for license and the license fee, the licensing agency shall issue a license if the applicant and the institutional facilities meet the requirements established under this chapter and the requirements of Section 41-7-173 et seq., where determined by the licensing agency to be applicable. A license, unless suspended or revoked, shall be renewable annually upon payment by (a) the licensee of an institution for the aged or infirm, except for personal care homes, of a renewal fee of Twenty Dollars ($20.00) for each bed in the institution, with a minimum fee per institution of Two Hundred Dollars ($200.00), or (b) the licensee of a personal care home of a renewal fee of Fifteen Dollars ($15.00) for each bed in the institution, with a minimum fee per institution of One Hundred Dollars ($100.00), which shall be paid to the licensing agency, and upon filing by the licensee and approval by the licensing agency of an annual report upon such uniform dates and containing such information in such form as the licensing agency prescribes by regulation. Any increase in the fee charged by the licensing agency under this subsection shall be in accordance with the provisions of Section 41-3-65. Each license shall be issued only for the premises and person or persons or other legal entity or entities named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. Licenses shall be posted in a conspicuous place on the licensed premises.   A fee known as a "User Fee" shall be applicable and shall be paid to the licensing agency as set out in subsection (1) of this section. Any increase in the fee charged by the licensing agency under this subsection shall be in accordance with the provisions of Section 41-3-65. This user fee shall be assessed for the purpose of the required reviewing and inspections of the proposal of any institution in which there are additions, renovations, modernizations, expansion, alterations, conversions, modifications or replacement of the entire facility involved in such proposal. This fee includes the reviewing of architectural plans in all steps required. There shall be a minimum user fee of Fifty Dollars ($50.00) and a maximum user fee of Five Thousand Dollars ($5,000.00).   No governmental entity or agency shall be required to pay the fee or fees set forth in this section.
MS Code § 43-11-11 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 11 - Institutions for the Aged or Infirm|In General|§ 43-11-11. Denial or revocation of license; hearings and review

 The licensing agency after notice and opportunity for a hearing to the applicant or licensee is authorized to deny, suspend or revoke a license in any case in which it finds that there has been a substantial failure to comply with the requirements established under this chapter.   Such notice shall be effected by registered mail, or by personal service setting forth the particular reasons for the proposed action and fixing a date not less than thirty (30) days from the date of such mailing or such service, at which time the applicant or licensee, shall be given an opportunity for a prompt and fair hearing. On the basis of any such hearing, or upon default of the applicant or licensee, the licensing agency shall make a determination specifying its findings of fact and conclusions of law. A copy of such determination shall be sent by registered mail or served personally upon the applicant or licensee. The decision revoking, suspending or denying the license or application shall become final thirty (30) days after it is so mailed or served, unless the applicant or licensee, within such thirty (30) day period, appeals the decision to the chancery court pursuant to Section 43-11-23.   The procedure governing hearings authorized by this section shall be in accordance with rules promulgated by the licensing agency. A full and complete record shall be kept of all proceedings, and all testimony shall be recorded but need not be transcribed unless the decision is appealed pursuant to section 43-11-23. Witnesses may be subpoenaed by either party. Compensation shall be allowed to witnesses as in cases in the chancery court. Each party shall pay the expense of his own witnesses. The cost of the record shall be paid by the licensing agency provided any other party desiring a copy of the transcript shall pay therefor the reasonable cost of preparing the same.
MS Code § 43-11-15 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 11 - Institutions for the Aged or Infirm|In General|§ 43-11-15. Effective date of regulations

 Any institution for the aged or infirm which is in operation at the time of promulgation of any applicable rules or regulations or minimum standards under this chapter shall be given a reasonable time, under the particular circumstances not to exceed one (1) year from the date of such promulgation, within which to comply with such rules and regulations and minimum standards.
MS Code § 43-11-16 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 11 - Institutions for the Aged or Infirm|In General|§ 43-11-16. Medical records not public documents but property of institutions for aged and infirm

 Medical records are and shall remain the property of the various institutions for the aged or infirm, subject, however, to reasonable access to the information contained therein upon written request by the resident, his legally appointed representatives, his attending medical personnel and his duly authorized nominees, and upon payment of any reasonable charges for such service. Nothing in this section shall be construed to deny access to medical records by the Attorney General, the licensing agency, or his or its agents and investigators in the discharge of their official duties under this chapter. Except as otherwise provided by law, medical records shall not constitute public records and nothing in this section shall be deemed to impair any privilege of confidence conferred by law or the Mississippi Rules of Evidence on residents, their personal representatives or heirs by Section 13-1-21.
MS Code § 43-11-17 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 11 - Institutions for the Aged or Infirm|In General|§ 43-11-17. Inspections

 The licensing agency shall make or cause to be made such inspections and investigations as it deems necessary.
MS Code § 43-11-19 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 11 - Institutions for the Aged or Infirm|In General|§ 43-11-19. Information confidential

 Information received by the licensing agency through filed reports, inspection, or as otherwise authorized under this chapter, shall not be disclosed publicly in such manner as to identify individuals, except in a proceeding involving the questions of licensure; however, the licensing agency may utilize statistical data concerning types of services and the utilization of those services for institutions for the aged or infirm in performing the statutory duties imposed upon it by Section 41-7-171, et seq. and by Section 43-11-21.
MS Code § 43-11-21 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 11 - Institutions for the Aged or Infirm|In General|§ 43-11-21. Annual report of licensing agency

 The licensing agency shall prepare and publish an annual report of its activities and operations under this chapter. A reasonable number of copies of such publications shall be available in the office of the licensing agency to be furnished free to persons requesting them.
MS Code § 43-11-23 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 11 - Institutions for the Aged or Infirm|In General|§ 43-11-23. Judicial review

 Any applicant or licensee aggrieved by the decision of the licensing agency after a hearing, may within thirty (30) days after the mailing or serving of notice of the decision as provided in Section 43-11-11, file a notice of appeal in the chancery court of the First Judicial District of Hinds County or the chancery court of the county in which the institution is located or to be located, and the chancery clerk thereof shall serve a copy of the notice of appeal upon the licensing agency. Thereupon the licensing agency shall, within sixty (60) days or such additional time as the court may allow from the service of such notice, certify and file with the court a copy of the record and decision, including the transcript of the hearings on which the decision is based. Findings of fact by the licensing agency shall be conclusive unless substantially contrary to the weight of the evidence but upon good cause shown, the court may remand the case to the licensing agency to take further evidence, and the licensing agency may thereupon affirm, reverse or modify its decision. The court may affirm, modify or reverse the decision of the licensing agency and either the applicant or licensee or the licensing agency may appeal from this decision to the Supreme Court as in other cases in the chancery court. Pending final disposition of the matter the status quo of the applicant or licensee shall be preserved, except as the court otherwise orders in the public interest. Rules with respect to court costs as in other cases in chancery shall apply equally to cases hereunder.
MS Code § 43-11-25 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 11 - Institutions for the Aged or Infirm|In General|§ 43-11-25. Penalties

 Any person establishing, conducting, managing or operating an institution for the aged or infirm without a license under this chapter shall be guilty of a misdemeanor, and upon conviction shall be fined not more than one thousand dollars ($1,000.00) for the first offense and not more than one thousand dollars ($1,000.00) for each subsequent offense, and each day of a continuing violation after conviction shall be considered a separate offense.
MS Code § 43-11-27 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 11 - Institutions for the Aged or Infirm|In General|§ 43-11-27. Injunction

 Notwithstanding the existence or pursuit of any other remedy, the licensing agency may, in the manner provided by law, upon the advice of the Attorney General who, except as otherwise authorized in Section 7-5-39, shall represent the licensing agency in the proceedings, maintain an action in the name of the state for injunction or other process against any person to restrain or prevent the establishment, conduct, management or operation of an institution for the aged or infirm without a license under this chapter.
MS Code § 43-11-41 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 11 - Institutions for the Aged or Infirm|Choice of Pharmacy Providers in Long-term Care Facilities|§ 43-11-41. Freedom of choice of pharmacy providers for patients in long-term care facilities

  This section shall apply to patients in long-term care facilities, as defined in subsection (2) of this section. It is the intent of the Legislature that the State of Mississippi shall be a "right-to-choose" state for the purposes of Medicaid and Medicare benefits, excluding Medicare Part A, and that patients of long-term care facilities shall have the same rights and privileges concerning pharmacy providers as participants or beneficiaries of health benefit plans.   "Long-term care facility" means any skilled nursing facility, extended care home, intermediate care facility, personal care home or boarding home that is subject to regulation or licensure by the State Department of Health.   A patient in a long-term care facility shall not be limited in his choice of a pharmacy or pharmacist provider if that provider meets the same standards of dispensing guidelines required of long-term care facilities.   A long-term care facility may require that a patient or the person who normally makes health care decisions on behalf of the patient sign a document that identifies his pharmacy or pharmacist provider of choice and that releases the facility of any liability for the dispensing of the prescription until the facility accepts control of the dispensed drug.
MS Code § 43-13-1 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 13 - Medical Assistance for the Aged; Medicaid|Article 1 - Medical Assistance for the Aged|§ 43-13-1. Citation of article

 This article shall be known as and may be cited as the "Medical Assistance for the Aged Law."
MS Code § 43-13-3 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 13 - Medical Assistance for the Aged; Medicaid|Article 1 - Medical Assistance for the Aged|§ 43-13-3. Definitions

 Unless the context clearly requires a different meaning as used in this article:    "Medical assistance for the aged" means payment of part or all of the cost of the following care and services provided for persons sixty-five (65) years of age or older who are not recipients of old age assistance but whose income and resources are insufficient to meet all of such cost:   Inpatient hospital services;   Skilled nursing-home services;   Physicians' services;   Outpatient hospital or clinic services;   Home health care services;   Private duty nursing service;   Physical therapy and related services;   Dental and optometric services;   Laboratory and X-ray services;   Prescribed drugs, eyeglasses, dentures, and prosthetic devices;   Diagnostic, screening, and preventive services; and   Any other medical care or remedial care recognized under state law.     The definitions of the care and services listed above shall be in keeping with Title I or Title XVI of the federal Social Security Act as amended, the rules and regulations promulgated by the secretary of health, education, and welfare, and the state licensing laws governing such care and services when licensing is required.   "Administering agency" means the state department of public welfare, the state board of public welfare of which shall have the duty of making and publishing rules and regulations, not inconsistent with the terms of this article, as may be necessary for its efficient administration.   "A vendor payment" is a payment made directly to a supplier or provider of medical and remedial care or service on behalf of an eligible recipient of medical assistance to the aged.
MS Code § 43-13-5 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 13 - Medical Assistance for the Aged; Medicaid|Article 1 - Medical Assistance for the Aged|§ 43-13-5. Medical assistance for the aged

 The State Department of Public Welfare, after having made a determination with respect to eligibility with due regard to the resources and income of the applicant, may make vendor payments on behalf of eligible individuals for such care as may be authorized within the limits of available funds, provided that such medical or remedial care is rendered by or under the supervision of a licensed practitioner, and provided further that no regulation shall be promulgated which limits or abridges the recipient's free choice of the provider of medical and remedial care or service. Such recipients of medical assistance for the aged shall only be persons:    Who shall have attained the age of sixty-five (65) years;   Who are not receiving old age assistance;   Who have net income and resources not exceeding amounts as may be set forth from time to time by the administering agency of the state; and   Who have not made a voluntary assignment or transfer of property for the purpose of qualifying for such assistance at any time within two (2) years immediately prior to the filing of an application for medical assistance for the aged.  Medical assistance for the aged shall be payable under this article on behalf of any person who is a patient of an institution, public or private, where such payments are matchable under the provisions of the federal Social Security Act as amended and where such institution conforms to the requirements of the federal Social Security Act as amended and the applicable statutes of Mississippi.
MS Code § 43-13-7 (2020)
2020 Mississippi Code|Title 43 - Public Welfare|Chapter 13 - Medical Assistance for the Aged; Medicaid|Article 1 - Medical Assistance for the Aged|§ 43-13-7. Obligations upon the administering agency

 The administering agency, in providing medical assistance for the aged, shall:    Include some institutional and some noninstitutional medical care;   Provide an opportunity for hearing before an appeals and review body within the agency for any applicant whose application is denied upon request by such applicant, who has been denied the opportunity to apply for such assistance, whose application has not been acted upon with reasonable promptness, whose benefit hereunder has not been forthcoming with reasonable promptness after a determination of eligibility and approval of the application has been made, whose benefit authorization has been revoked, and/or whose benefit authorization is reduced;   Provide that, in the issuance of regulations, no enrollment fee, premium, or similar charge may be imposed as a condition of the individual's eligibility for such assistance;   Provide for the furnishing of such assistance to residents of the state who are temporarily absent therefrom;   Publish and make available a description of services to be provided to help recipients attain self-care including utilization of other agencies providing similar or related services;   Provide safeguards which restrict the use or disclosure of information concerning applicants and recipients to purposes directly connected with the administration of the state program;   Establish reasonable standards for determining eligibility for and the extent of such assistance;   Provide that no lien will be imposed on the property of the recipient prior to his death and that there will be no recovery until after death from such a recipient and the surviving spouse, if any, for any medical assistance correctly paid on behalf of such recipient; and   Promulgate no citizenship requirement for eligibility which excludes a citizen of the United States.