reglab/housing_qa huggingface dataset:
MS Code § 41-7-209 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 7 - Hospital and Health Care Commissions|Health Care Certificate of Need Law of 1979|§ 41-7-209. Violations

  Any person or entity violating the provisions of Sections 41-7-171 through 41-7-209, or regulations promulgated thereunder, by not obtaining a certificate of need, by deviating from the provisions of a certificate of need, or by refusing or failing to cooperate with the State Department of Health in its exercise or execution of its functions, responsibilities and powers shall be subject to the following:   Revocation of the license of a health-care facility or a designated section, component or bed service thereof, or revocation of the license of any other person for which the State Department of Health is the licensing agency. If the State Department of Health lacks jurisdiction to revoke the license of such person, the State Health Officer shall recommend and show cause to the appropriate licensing agency that such license should be revoked.   Nonlicensure by the State Department of Health of a specific or designated bed service offered by the entity or person;   Nonlicensure by the State Department of Health where infractions occur concerning the acquisition or control of major medical equipment;   Revoking, rescinding or withdrawing a certificate of need previously issued.     Violations of Sections 41-7-171 through 41-7-209, or any rules or regulations promulgated in furtherance thereof by intent, fraud, deceit, unlawful design, willful and/or deliberate misrepresentation, or by careless, negligent or incautious disregard for such statutes or rules and regulations, either by persons acting individually or in concert with others, shall constitute a misdemeanor and shall be punishable by a fine not to exceed One Thousand Dollars ($1,000.00) for each such offense. Each day of continuing violation shall be considered a separate offense. The venue for prosecution of any such violation shall be in any county of the state wherein any such violation, or portion thereof, occurred.   The Attorney General, upon certification by the State Health Officer, shall seek injunctive relief in a court of proper jurisdiction to prevent violations of Sections 41-7-171 through 41-7-209 or any rules or regulations promulgated in furtherance of Sections 41-7-171 through 41-7-209 in cases where other administrative penalties and legal sanctions imposed have failed to prevent or cause a discontinuance of any such violation.   Major third party payers, public or private, shall be notified of any violation or infraction under this section and shall be requested to take such appropriate punitive action as is provided by law.
MS Code § 41-9-1 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Regulation of Hospitals|§ 41-9-1. Declaration of purpose

 The purpose of Sections 41-9-1 through 41-9-39 is to protect and promote the public health by providing for the development, establishment and enforcement of certain standards in the construction, maintenance and operation of hospitals which will insure safe, sanitary and reasonably adequate care and treatment of individuals in hospitals. The Legislature hereby finds that the protection and promotion of the public health requires the measures provided for in said sections.
MS Code § 41-9-3 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Regulation of Hospitals|§ 41-9-3. Definitions

 As used in Sections 41-9-1 through 41-9-35:   "Hospital" means a place devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment and care of individuals suffering from physical or mental infirmity, illness, disease, injury or deformity, or a place devoted primarily to providing obstetrical or other medical, surgical or nursing care of individuals, whether or not any such place be organized or operated for profit and whether any such place be publicly or privately owned. The term "hospital" does not include convalescent or boarding homes, children's homes, homes for the aged or other like establishments where room and board only are provided, nor does it include offices or clinics where patients are not regularly kept as bed patients.   "Person" means any individual, firm, partnership, corporation, company, association or joint stock association, and the legal successor thereof.   "Governmental unit" means the state, or any county, municipality or other political subdivision or any department, division, board or other agency of any of the foregoing, excluding all federal establishments.   "Licensing agency" means the State Department of Health.
MS Code § 41-9-7 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Regulation of Hospitals|§ 41-9-7. License

 No person or governmental unit, acting severally or jointly with any other person or governmental unit shall establish, conduct, or maintain a hospital in this state without a license as provided for in Section 41-9-11. No license so granted shall permit, approve or allow child placement activities by any person or governmental unit licensed hereunder.
MS Code § 41-9-9 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Regulation of Hospitals|§ 41-9-9. Application for license

  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 Section 41-9-17. A license, unless suspended or revoked, shall be renewable annually upon payment of a renewal fee of Twenty Dollars ($20.00) for each licensed bed in the hospital, which shall be paid to the licensing agency, with a minimum fee of Five Hundred Dollars ($500.00) per hospital and a maximum fee of Five Thousand Dollars ($5,000.00), 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 rule or 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.   The appropriate licensure fee, according to the schedule herein, shall be paid to the licensing agency and may be paid by check, draft or money order. A license shall not be issued to any hospital until such fee is received by the licensing agency.   A fee known as a "User Fee" shall be applicable and shall be paid to the licensing agency as set out in subsection (2) 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 hospital 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).
MS Code § 41-9-11 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Regulation of Hospitals|§ 41-9-11. Issuance and renewal of license

 Upon receipt of an application for license and the license fee, the licensing agency shall issue a license if the applicant and hospital facilities meet the requirements established under Sections 41-9-1 through 41-9-35, 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 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 and upon paying the annual fee for such license as determined by the schedule and provisions of Section 41-9-9. Each license shall be issued only for the premises and persons or governmental units 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 § 41-9-13 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Regulation of Hospitals|§ 41-9-13. Issuance of temporary licenses

 The licensing agency may issue temporary licenses under Sections 41-9-1 through 41-9-35 which shall be good for not more than six (6) months.
MS Code § 41-9-15 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Regulation of Hospitals|§ 41-9-15. Denial or revocation of license; notice, hearings and review

 The licensing agency, after notice and opportunity for 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 Section 41-9-1 through 41-9-35.   Such notice shall be effected by registered mail, or by personal service, setting forth the particular reasons for the proposed action and a fixing date not less than thirty (30) days from the date of such mailing or service, at which 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-day period, appeals the decision, pursuant to Section 41-9-31.   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 reported but need not be transcribed unless the decision is appealed pursuant to Section 41-9-31. 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. Any other party desiring a copy of the transcript shall pay therefor the reasonable cost of preparing the same.
MS Code § 41-9-17 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Regulation of Hospitals|§ 41-9-17. Rules, regulations and standards

 The licensing agency shall adopt, amend, promulgate and enforce such rules, regulations and standards with respect to all hospitals to be licensed under Section 41-9-11 as may be designed to further the accomplishment of the purposes of Sections 41-9-1 through 41-9-35 in promoting safe and adequate treatment of individuals in hospitals in the interest of public health, safety and welfare. Any rule, regulation or standard adopted hereunder shall be considered as promulgated and effective from and after the time the same is recorded and indexed in a book to be maintained by the licensing agency in its main office in the State of Mississippi, entitled "Minimum Standard of Operation for Mississippi Hospitals." Said book shall be open and available to all hospitals and the public generally at all reasonable times. Upon the adoption of any such rule, regulation or standard, the licensing agency shall mail copies thereof to all hospitals 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 hospital to receive the same shall in nowise affect the validity thereof. No such rules, regulations or standards shall be adopted or enforced which would have the effect of denying a license to a hospital or other institution required to be licensed, solely by reason of the school or system of practice employed or permitted to be employed therein.
MS Code § 41-9-19 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Regulation of Hospitals|§ 41-9-19. Effective date of rules, regulations or standards

 Any hospital which is in operation at the time of promulgation of any applicable rules, regulations or standards under Section 41-9-17, shall be given a reasonable time, under the particular circumstances not to exceed one year from the date of such promulgation, within which to comply with such rules, regulations or standards.
MS Code § 41-9-21 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Regulation of Hospitals|§ 41-9-21. Inspections and consultations

 The licensing agency shall make or cause to be made such inspections and investigations as it deems necessary. The licensing agency may prescribe by regulations that any licensee or applicant desiring to make specified types of alteration or addition to the facilities or to construct new facilities shall, before commencing such alteration, addition or new construction, submit plans and specifications therefor to the licensing agency for preliminary inspection and approval or recommendations with respect to compliance with the rules, regulations or standards authorized in Section 41-9-17. Necessary conferences and consultations may be provided.
MS Code § 41-9-23 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Regulation of Hospitals|§ 41-9-23. Information confidential

 Information received by the licensing agency through filed reports, inspection, or as otherwise authorized under Sections 41-9-1 through 41-9-35 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 these services for hospitals in performing the statutory duties imposed upon it by Section 41-7-171, et seq. and by Section 41-9-29.
MS Code § 41-9-29 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Regulation of Hospitals|§ 41-9-29. Annual report of licensing agency

 The licensing agency shall prepare and publish an annual report of its activities and operations under Sections 41-9-1 et seq. A reasonable number of copies of such publication(s) shall be available in the office of the licensing agency to be furnished to persons requesting them, for a nominal fee.
MS Code § 41-9-31 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Regulation of Hospitals|§ 41-9-31. 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 41-9-15, 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 hospital 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 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. However, 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 of 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 in other cases in chancery shall apply equally to cases hereunder.
MS Code § 41-9-33 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Regulation of Hospitals|§ 41-9-33. Penalties

 Any person establishing, conducting, managing or operating any hospital without a license as provided for in Section 41-9-11 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. Each day of a continuing violation after conviction shall be considered a separate offense.
MS Code § 41-9-35 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Regulation of Hospitals|§ 41-9-35. 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 an injunction or other process against any person or governmental unit to restrain or prevent the establishment, conduct, management or operation of a hospital without a license as provided for in Section 41-9-11.
MS Code § 41-9-39 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Regulation of Hospitals|§ 41-9-39. Hospitals to offer influenza immunizations to all inpatients age sixty-five or older

  Each year from October 1 through March 1 and in accordance with the latest recommendations of the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention, each hospital shall offer, prior to discharge, immunizations against influenza virus to all inpatients sixty-five (65) years of age and older unless contraindicated and contingent upon the availability of the vaccine.   Any hospital, or employee thereof, shall be immune from civil liability for any personal injury as a result of complying or not complying with the requirements of subsection (1) if the hospital or employee's action or failure to act do not amount to willful or wanton misconduct or gross negligence.
MS Code § 41-9-51 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Reimbursement for Trauma Care Service|§ 41-9-51. Hospitals authorized to charge patient for reasonable cost of activating trauma care services under certain circumstances; reimbursement by health-care insurer

 Any hospital that reasonably activates a trauma care team in response to a request for trauma care services may charge the patient for the reasonable cost of activating those services and shall be reimbursed for those services by the health care insurer by assignment from the patient or from the patient. That cost shall be reimbursed regardless of whether services were actually rendered to the patient, and those trauma care services shall be deemed as a matter of law to have been medical services provided to the patient.
MS Code § 41-9-61 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Hospital Records - Preparation, Preservation and Destruction|§ 41-9-61. Definitions

 As used in Sections 41-9-61 through 41-9-83:   "Hospital" shall have the meaning ascribed thereto by Section 41-9-3, regardless of the type of ownership or form of management or organization of the institution, and it shall include the proprietor and operator thereof.   "Hospital records" shall mean, without restriction, those medical histories, records, reports, summaries, diagnoses and prognoses, records of treatment and medication ordered and given, notes, entries, X-rays and other written or graphic data prepared, kept, made or maintained in hospitals that pertain to hospital confinements or hospital services rendered to patients admitted to hospitals or receiving emergency room or outpatient care. Such records shall also include abstracts of the foregoing data customarily made or made as provided in Section 41-9-75. Such records shall not, however, include ordinary business records pertaining to patients' accounts or the administration of the institution nor shall "hospital records" include any records consisting of nursing audits, physician audits, departmental evaluations or other evaluations or reviews which are used only for in-service education programs, or which are required only for accreditation or for participation in federal health programs.   "Patient" shall mean outpatients, inpatients, persons dead on arrival, and the newborn.   "Retirement," or variations thereof, shall mean the withdrawal from current files of hospital records, business records or parts thereof on or after the expiration of the applicable minimum period of retention established pursuant to Section 41-9-69. However, no hospital record, business record, or parts thereof, shall be subject to retirement where otherwise required by law to be kept as a permanent record.   "Licensing agency" shall mean the State Department of Health.   "Business records" shall mean all those books, ledgers, records, papers and other documents prepared, kept, made or received in hospitals that pertain to the organization, administration or management of the business and affairs of hospitals, but which do not constitute hospital records as hereinabove defined.
MS Code § 41-9-63 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Hospital Records - Preparation, Preservation and Destruction|§ 41-9-63. Hospitals required to prepare and maintain hospital records

 All hospitals, their officers or employees and medical and nursing personnel practicing therein, shall with reasonable promptness prepare, make and maintain true and accurate hospital records complying with such methods and minimum standards as may be prescribed from time to time by rules and regulations adopted by the licensing agency.
MS Code § 41-9-64 (2020)
2020 Mississippi Code|Title 41 - Public Health|Chapter 9 - Regulation of Hospitals; Hospital Records|Hospital Records - Preparation, Preservation and Destruction|§ 41-9-64. Electronic medical records containing electronic signature deemed signed

 An electronic medical record or medical order containing an electronic signature is considered to be signed as a matter of law, if the electronic signature is affixed or verified in conformity with a reasonable security procedure for the purpose of verification of electronic signatures.