reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 6 - RIGHTS AND LIABILITIES OF PERSONS WITH DISABILITIES (§§ 43-6-1 — 43-6-263) › Article 7 - USE OF RESPECTFUL REFERENCES TO PERSONS WITH DISABILITIES (§ 43-6-171) › Section 43-6-171 - Legislative drafting offices and state agencies to use certain respectful references to persons with disabilities in the preparation of legislation and rules

(1)
The Legislature recognizes that language used in reference to individuals with disabilities shapes and reflects society's attitudes towards people with disabilities. Many of the terms currently used diminish the humanity and natural condition of having a disability. Certain terms are demeaning and create an invisible barrier to inclusion as equal community members. The Legislature finds it necessary to clarify preferred language for new and revised laws and rules by requiring the use of terminology that puts the person before the disability.
(2)
The legislative drafting offices of the House and Senate are directed to avoid all references to the terms "disabled," "developmentally disabled," "mentally disabled," "mentally ill," "mentally retarded," "handicapped," "cripple" and "crippled," in any new statute, memorial or resolution, and to change those references in any existing statute, memorial or resolution as sections including those references are otherwise amended by law. The drafting offices are directed to replace the terms referenced above as appropriate with the following revised terminology: "persons with disabilities," "persons with developmental disabilities," "persons with mental illness" and "persons with intellectual or cognitive disabilities."
(3)
No statute, memorial or resolution is invalid because it does not comply with this section.
(4)
All state agency orders creating new rules, or amending existing rules, shall be formulated in accordance with the requirements of subsection (1) of this section regarding the use of respectful language.
(5)
No agency rule is invalid because it does not comply with this section.
Laws, 2005, ch. 474, § 1; Laws, 2010, ch. 476, § 69, eff. 4/1/2010.
Amended by Laws, 2015, ch. 460, SB 2107, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 6 - RIGHTS AND LIABILITIES OF PERSONS WITH DISABILITIES (§§ 43-6-1 — 43-6-263) › Article 9 - COMPETITIVE EMPLOYMENT OPPORTUNITIES FOR PERSONS WITH DISABILITIES (§§ 43-6-201 — 43-6-211) › Section 43-6-201 - Legislative findings and purpose

The Mississippi Legislature finds that the benefits of meaningful work have significance and importance to all working-age persons, including persons with disabilities. In order to achieve meaningful and competitive employment for persons with disabilities, employment opportunities in fully integrated work settings shall be, to the extent practicable, the first and priority option explored in planning and providing services and supports for working-age persons with disabilities.
Added by Laws, 2015, ch. 469, HB 836, 1, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 6 - RIGHTS AND LIABILITIES OF PERSONS WITH DISABILITIES (§§ 43-6-1 — 43-6-263) › Article 9 - COMPETITIVE EMPLOYMENT OPPORTUNITIES FOR PERSONS WITH DISABILITIES (§§ 43-6-201 — 43-6-211) › Section 43-6-203 - Definitions

As used in this article, the following words shall have the following meaning, unless the context otherwise requires:
(a)
"Competitive employment" means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for which a person with a disability is compensated in a manner consistent with applicable wage-and-hour laws. Pay shall be comparable to the customary wage and level of benefits paid by the employer for the same or similar work performed by persons without disabilities.
(b)
"Disability" means, with respect to a person, a physical or mental impairment that substantially limits one or more major life activities of such person as defined in the Americans with Disabilities Act of 1990, as amended. A "disability" does not include brief periods of intoxication caused by alcohol or drugs or dependence upon or addiction to any alcohol or drugs.
(c)
"Integrated setting" means a setting typically found in the community in which persons with disabilities interact with persons without disabilities (other than disability service providers) to a comparable extent that persons without disabilities in comparable positions interact with other persons.
(d)
"Working age" means fourteen (14) years of age or older in accordance with Section
71-7-17
.
Added by Laws, 2015, ch. 469, HB 836, 2, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 6 - RIGHTS AND LIABILITIES OF PERSONS WITH DISABILITIES (§§ 43-6-1 — 43-6-263) › Article 9 - COMPETITIVE EMPLOYMENT OPPORTUNITIES FOR PERSONS WITH DISABILITIES (§§ 43-6-201 — 43-6-211) › Section 43-6-205 - Competitive employment opportunities in fully integrated work settings to be considered first and priority option when planning or providing services and supports to persons with disabilities

It is declared to be the policy of this state that competitive employment in an integrated setting shall be, to the extent practicable, considered the first and priority option when planning or providing services and supports to persons with disabilities who are of working age. All state agencies that provide services and support to persons with disabilities, and/or employment-related services, shall, using available resources, follow this policy and ensure that it is effectively implemented in their programs and services; however, nothing in this article shall supersede any agency's ability to fulfill the agency's duties and requirements mandated by federal statutes. Nothing in this article shall be construed to limit or disallow any disability benefits to which a person with a disability who is unable to be employed as contemplated by this article would otherwise be entitled. Nothing in this article shall be construed to require any state agency or other employer to give preference to hiring persons with disabilities or to prohibit any employment relationship or program that is otherwise permitted under applicable law. Any person with a disability who is employed by a state agency must meet the minimum qualifications and requirements for the position in which the person is employed.
Added by Laws, 2015, ch. 469, HB 836, 3, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 6 - RIGHTS AND LIABILITIES OF PERSONS WITH DISABILITIES (§§ 43-6-1 — 43-6-263) › Article 9 - COMPETITIVE EMPLOYMENT OPPORTUNITIES FOR PERSONS WITH DISABILITIES (§§ 43-6-201 — 43-6-211) › Section 43-6-207 - Implementation of policy by state agencies

(1)
All state agencies that provide services to persons with disabilities and/or employment services shall coordinate efforts and shall collaborate within and among such agencies to ensure that state programs, policies, procedures and funding support competitive employment in integrated settings for persons with disabilities who are of working age. All such state agencies shall, whenever feasible, share data and information across systems in order to track progress toward full implementation of this article. All such state agencies are encouraged to adopt measurable goals and objectives to promote assessment of progress in implementing this article.
(2)
State agencies are authorized to adopt rules and regulations to implement this article.
Added by Laws, 2015, ch. 469, HB 836, 4, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 6 - RIGHTS AND LIABILITIES OF PERSONS WITH DISABILITIES (§§ 43-6-1 — 43-6-263) › Article 9 - COMPETITIVE EMPLOYMENT OPPORTUNITIES FOR PERSONS WITH DISABILITIES (§§ 43-6-201 — 43-6-211) › Section 43-6-209 - Oversight of implementation of policy by Disability Resource Commission

The Disability Resource Commission as described in Section
43-30-1
is directed to provide the monitoring and oversight of the implementation of this article by state agencies.
Added by Laws, 2015, ch. 469, HB 836, 5, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 6 - RIGHTS AND LIABILITIES OF PERSONS WITH DISABILITIES (§§ 43-6-1 — 43-6-263) › Article 9 - COMPETITIVE EMPLOYMENT OPPORTUNITIES FOR PERSONS WITH DISABILITIES (§§ 43-6-201 — 43-6-211) › Section 43-6-211 - Article not to prohibit appropriate use of certain other employment options, or require expenditure of funds or grant enforceable right or cause of action

(1)
Nothing in this article shall be interpreted to prohibit the appropriate use of programs known as center-based employment, employment centers, skill development centers, vocational rehabilitation centers, and/or other employment options.
(2)
Nothing in this article shall be interpreted to require the expenditure of funds on any particular program or at any particular level or to grant any person or organization a judicially enforceable right or cause of action.
Added by Laws, 2015, ch. 469, HB 836, 7, eff. 7/1/2015.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 6 - RIGHTS AND LIABILITIES OF PERSONS WITH DISABILITIES (§§ 43-6-1 — 43-6-263) › Article 11 - COLE'S LAW; PROHIBITING DISCRIMINATION AGAINST RECIPIENTS OF ORGAN TRANSPLANTS BASED ON DISABILITY (§§ 43-6-251 — 43-6-263) › Section 43-6-251 - Short title

This article shall be known and may be cited as "Cole's Law."
Added by Laws, 2022, ch. 306, HB 20,§ 1, eff. 3/3/2022.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 6 - RIGHTS AND LIABILITIES OF PERSONS WITH DISABILITIES (§§ 43-6-1 — 43-6-263) › Article 11 - COLE'S LAW; PROHIBITING DISCRIMINATION AGAINST RECIPIENTS OF ORGAN TRANSPLANTS BASED ON DISABILITY (§§ 43-6-251 — 43-6-263) › Section 43-6-253 - Legislative findings

The Legislature finds that:
(a)
A mental or physical disability does not diminish a person's right to health care;
(b)
The "Americans with Disabilities Act of 1990,"
42 USC Section 12101
, prohibits discrimination against persons with disabilities, yet many individuals with disabilities still experience discrimination in accessing critical health care services;
(c)
In other states nationwide, individuals with mental and physical disabilities have been denied lifesaving organ transplants based on assumptions that their lives are less worthy, that they are incapable of complying with post-transplant medical requirements, or that they lack adequate support systems to ensure compliance with post-transplant medical requirements;
(d)
Although organ transplant centers must consider medical and psychosocial criteria when determining if a patient is suitable to receive an organ transplant, transplant centers that participate in Medicare, Medicaid, and other federally funded programs are required to use patient selection criteria that results in a fair and nondiscriminatory distribution of organs; and
(e)
Mississippi residents in need of organ transplants are entitled to assurances that they will not encounter discrimination on the basis of a disability.
Added by Laws, 2022, ch. 306, HB 20,§ 2, eff. 3/3/2022.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 6 - RIGHTS AND LIABILITIES OF PERSONS WITH DISABILITIES (§§ 43-6-1 — 43-6-263) › Article 11 - COLE'S LAW; PROHIBITING DISCRIMINATION AGAINST RECIPIENTS OF ORGAN TRANSPLANTS BASED ON DISABILITY (§§ 43-6-251 — 43-6-263) › Section 43-6-259 - Violations of article provisions

(1)
Whenever it appears that a covered entity has violated or is violating any of the provisions of this article, the affected individual may commence a civil action for injunctive and other equitable relief against the covered entity for purposes of enforcing compliance with this article. The action may be brought in the circuit or county court for the county where the affected individual resides or resided or was denied the organ transplant or referral.
(2)
In an action brought under this article, the court must give priority on its docket and expedited review, and may grant injunctive or other equitable relief, including:
(a)
Requiring auxiliary aids or services to be made available for a qualified recipient;
(b)
Requiring the modification of a policy, practice or procedure of a covered entity; or
(c)
Requiring facilities be made readily accessible to and usable by a qualified recipient.
(3)
Nothing in this article is intended to limit or replace available remedies under the ADA or any other applicable law.
(4)
This article does not create a right to compensatory or punitive damages against a covered entity.
Added by Laws, 2022, ch. 306, HB 20,§ 5, eff. 3/3/2022.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 6 - RIGHTS AND LIABILITIES OF PERSONS WITH DISABILITIES (§§ 43-6-1 — 43-6-263) › Article 11 - COLE'S LAW; PROHIBITING DISCRIMINATION AGAINST RECIPIENTS OF ORGAN TRANSPLANTS BASED ON DISABILITY (§§ 43-6-251 — 43-6-263) › Section 43-6-263 - Legislative declaration

The Legislature hereby declares that the life of a person with a disability who needs an organ transplant is as worthy and valuable as the life of a person with no disability who needs the same medical service.
Added by Laws, 2022, ch. 306, HB 20,§ 7, eff. 3/3/2022.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 7 - COUNCIL ON AGING (§§ 43-7-1 — 43-7-79) › IN GENERAL (§§ 43-7-1 — 43-7-9) › Section 43-7-1 - Department of Human Services to be Council on Aging

The Department of Human Services shall be the Council on Aging and shall retain all powers and duties granted by law to the Council on Aging, and wherever the term "Council on Aging" appears in any law the same shall mean the Department of Human Services.
Codes, 1942, § 8960-01; Laws, 1964, ch. 441, § 1; Laws, 1989, ch. 544, § 104, eff. 7/1/1989.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 7 - COUNCIL ON AGING (§§ 43-7-1 — 43-7-79) › IN GENERAL (§§ 43-7-1 — 43-7-9) › Section 43-7-3 - and 43-7-5 - [Repealed]

Repealed by Laws, 1989, ch. 544, § 106, eff. 7/1/1989.
§ 43-7-3. [Codes, 1942, § 8960-02; Laws, 1964, ch. 441, § 2; Laws, 1984, ch. 488, §§ 311, 312] § 43-7-5. [Codes, 1942, § 8960-03; Laws, 1964, ch. 441, § 3]
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 7 - COUNCIL ON AGING (§§ 43-7-1 — 43-7-79) › IN GENERAL (§§ 43-7-1 — 43-7-9) › Section 43-7-7 - Duties of Department of Human Services

The Department of Human Services shall be responsible for the collection of data and statistics and for making a continuing study of conditions affecting the general welfare of the aging population; for providing for an inter-agency and inter-departmental exchange of ideas; for encouraging and assisting in the development of programs for the aging in municipalities and counties of the state, including elder rights leadership; for cooperation with public and private agencies and departments in coordinating programs for the aging; for encouraging and promoting biological, physiological and sociological research; for making recommendations for residential housing and needed nursing and custodial care facilities.
Codes, 1942, § 8960-04; Laws, 1964, ch. 441, § 4; Laws, 1989, ch. 544, § 105, eff. 7/1/1989.
Amended by Laws, 2017, ch. 344, HB 492, 1, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 7 - COUNCIL ON AGING (§§ 43-7-1 — 43-7-79) › IN GENERAL (§§ 43-7-1 — 43-7-9) › Section 43-7-9 - and 43-7-11 - [Repealed]

Repealed by Laws, 1989, ch. 544, § 106, eff. 7/1/1989.
§ 43-7-9. [Codes, 1942, § 8960-05; Laws, 1964, ch. 441, § 5] § 43-7-11. [Codes, 1942, § 8960-06; Laws, 1964, ch. 441, § 6; Laws, 1970, ch. 365, § 1; Laws, 1982, ch. 393, § 1]
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 7 - COUNCIL ON AGING (§§ 43-7-1 — 43-7-79) › LONG-TERM CARE FACILITIES OMBUDSMAN ACT (§§ 43-7-51 — 43-7-79) › Section 43-7-51 - Short title

Sections
43-7-51
through
43-7-79
shall be known as the "Long-Term Care Facilities Ombudsman Act."
Laws, 1988, ch. 592, § 1, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 7 - COUNCIL ON AGING (§§ 43-7-1 — 43-7-79) › LONG-TERM CARE FACILITIES OMBUDSMAN ACT (§§ 43-7-51 — 43-7-79) › Section 43-7-53 - Office of State Long-term Care Facilities Ombudsman

(1)
There is created by the Mississippi Council on Aging within the Division of Aging and Adult Services the independent organizational unit called the Office of the State Long-Term Care Facilities Ombudsman as provided by the Older Americans Act of 1965, as amended, 42 USCS 3001, which is headed by a State Ombudsman.
(2)
The council shall establish the qualifications of the state representatives of the Office of the State Long-Term Care Facilities Ombudsman.
(3)
There shall be a position of legal assistance developer within the council who is a member in good standing with The Mississippi Bar who will assist the State Ombudsman in carrying out the duties to protect the health, safety, rights and welfare of residents and provide adequate administrative and legal representation on behalf of residents of Long-Term care facilities in a manner free of conflict of interest.
Laws, 1988, ch. 592, § 2, eff. 7/1/1988.
Amended by Laws, 2017, ch. 344, HB 492, 2, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 7 - COUNCIL ON AGING (§§ 43-7-1 — 43-7-79) › LONG-TERM CARE FACILITIES OMBUDSMAN ACT (§§ 43-7-51 — 43-7-79) › Section 43-7-55 - Definitions

For the purposes of Sections
43-7-51
through
43-7-79
, the following words shall have the definitions ascribed herein:
(a)
"Administrator" means any person charged with the general administration or supervision of a long-term care facility without regard to whether such person has an ownership interest in such facility or to whether such person's functions and duties are shared with one or more other persons;
(b)
"Representatives of the Office of the State Long-Term Care Facilities Ombudsman" means the district or local employees or volunteers selected by an area agency on aging who are then trained and designated as such by the State Ombudsman under Section
43-7-59
;
(c)
"Council" means the Mississippi Council on Aging;
(d)
"Long-term care facility" means any skilled nursing facility, extended care home, intermediate care facility, personal care home or boarding home which is subject to regulation or licensure by the State Department of Health;
(e)
"Resident" means any resident, prospective resident, prior resident or deceased resident of any long-term care facility;
(f)
"Sponsor" means an adult relative, friend or guardian who has a responsibility in the resident's welfare;
(g)
"State Ombudsman" means the State Long-Term Care Facilities Ombudsman;
(h)
"State Ombudsman Program" means the program that carries out the duties and functions of the Office of the State Long-Term Care Facilities Ombudsman, which consists of the State Ombudsman, the Office of the State Long-Term Care Facilities Ombudsman and the representatives of the Office of the State Long-Term Care Facilities Ombudsman;
(i)
"Area agency on aging" means those grantees of the council which are charged with the local administration of the Older Americans Act.
Laws, 1988, ch. 592, § 3, eff. 7/1/1988.
Amended by Laws, 2017, ch. 344, HB 492, 3, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 7 - COUNCIL ON AGING (§§ 43-7-1 — 43-7-79) › LONG-TERM CARE FACILITIES OMBUDSMAN ACT (§§ 43-7-51 — 43-7-79) › Section 43-7-57 - Duties of office

The duties of the Office of the State Long-Term Care Facilities Ombudsman, as created under Section
43-7-53
, shall be:
(a)
The establishment of a procedure to have regular and timely access to the services provided by the State Ombudsman Program and to receive, investigate and resolve complaints filed by residents or sponsors or organizations or long-term care facilities on behalf of residents of long-term care facilities relating to the health, safety, welfare and rights of such residents and to represent the interests of residents before governmental agencies;
(b)
The monitoring of the development and implementation of federal, state and local laws, regulations and policies with respect to long-term care facilities and to analyze, comment on and recommend any changes in such laws, regulations and policies as the Office of the State Long-Term Care Facilities Ombudsman deems appropriate;
(c)
The establishment of a training program for both the state and community ombudsmen;
(d)
To provide public forums, including the holding of public hearings, sponsorships of conferences and workshops, and the holding of other meetings to seek information concerning the needs and problems of residents in long-term care facilities;
(e)
The establishment and maintenance of a statewide uniform reporting system to collect and analyze data relating to complaints and conditions in long-term care facilities for the purpose of identifying and resolving significant problems faced by residents as a group;
(f)
The submission of an annual report to the State Department of Health, the United States Assistant Secretary for Aging (ACL/AOA), Executive Director of the Council and the State Legislature, which shall include statistical information about the state and community long-term care facilities ombudsman programs, shall identify systemic problems in long-term care facilities that cannot be adequately addressed by state and local agencies, and shall include recommendations for legislative or executive action to alleviate any systemic problems;
(g)
The testing and designation of the representatives of the Office of the State Long-Term Care Facilities Ombudsman;
(h)
The development of an ongoing program of publicizing programs designated by the Office of the State Long-Term Care Facilities Ombudsman and by the community long-term care facilities ombudsman through contact with the media and civic organizations;
(i)
The development of policies and regulations related to the use of volunteers in the program; and
(j)
Other duties as mandated by the Older Americans Act of 1965, as amended.
Laws, 1988, ch. 592, § 4, eff. 7/1/1988.
Amended by Laws, 2017, ch. 344, HB 492, 4, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 7 - COUNCIL ON AGING (§§ 43-7-1 — 43-7-79) › LONG-TERM CARE FACILITIES OMBUDSMAN ACT (§§ 43-7-51 — 43-7-79) › Section 43-7-59 - Certification of community Long-term Care Facilities Ombudsman programs

(1)
The Office of the State Long-Term Care Facilities Ombudsman shall designate and refuse, suspend or remove designation of representatives of the Office of the State Long-Term Care Facilities Ombudsman in particular where a conflict of interest cannot be resolved, except that community long-term care facilities ombudsman programs existing on July 1, 1988, shall be designated unless the Office of the State Long-Term Care Facilities Ombudsman determines that the existing community program no longer meets the requirement of Sections
43-7-51
through
43-7-79
.
(2)
The State Ombudsman shall specify standards for the designation and operation of community ombudsman programs and establish a grievance process.
Laws, 1988, ch. 592, § 5, eff. 7/1/1988.
Amended by Laws, 2017, ch. 344, HB 492, 5, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 7 - COUNCIL ON AGING (§§ 43-7-1 — 43-7-79) › LONG-TERM CARE FACILITIES OMBUDSMAN ACT (§§ 43-7-51 — 43-7-79) › Section 43-7-61 - Community Long-term Care Facilities Ombudsmen training and certification program; community advisory committee; ombudsman identification card

(1)
The Office of the State Long-Term Care Facilities Ombudsman shall establish a training and certification program. The State Ombudsman shall specify by rule the content of the training program. Each long-term care facilities ombudsman program shall bear the cost of training its own employees.
(2)
The State Ombudsman shall establish minimum qualifications and recertification requirements for representatives of the Office of the State Long-Term Care Facilities Ombudsman. Such training shall include instruction in at least the following subjects as they relate to long-term care:
(a)
The responsibilities and duties of community ombudsmen;
(b)
The laws and regulations governing the receipt, investigation and resolution of issues of the well-being of a resident;
(c)
The role of local, state and federal agencies that regulate long-term care facilities;
(d)
The different kinds of long-term care facilities in Mississippi and the services provided in each kind;
(e)
The special needs of the elderly and of persons with physical and mental disabilities;
(f)
The role of the family, the sponsor, the legal representative, the physician, the church, and other public and private agencies, and the community;
(g)
How to work with long-term care facility staff;
(h)
The aging process and characteristics of the long-term care facility resident or institutionalized elderly;
(i)
Familiarity with and access to information concerning the laws and regulations governing Medicare, Medicaid, Social Security, Supplemental Security Income, the Veterans Administration and Workers' Compensation; and
(j)
The training program shall include an appropriate internship to be performed in a long-term care facility.
(3)
Persons selected by area agencies on aging who have satisfactorily completed the training arranged by the State Ombudsman shall be designated as representatives of the Office of the State Long-Term Care Facilities Ombudsman by the State Ombudsman.
(4)
Each area agency on aging may appoint an advisory committee to advise it in the operation of its community ombudsman program. The number and qualifications of members of the advisory committee shall be determined by the area agency on aging.
(5)
Ombudsmen who have successfully completed the training and certification program under this section shall be given identification cards which shall be presented to employees of a long-term care facility upon request.
Laws, 1988, ch. 592, § 6, eff. 7/1/1988.
Amended by Laws, 2024, ch. 470, HB 315,§ 7, eff. 5/8/2024.
Amended by Laws, 2017, ch. 344, HB 492, 6, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 7 - COUNCIL ON AGING (§§ 43-7-1 — 43-7-79) › LONG-TERM CARE FACILITIES OMBUDSMAN ACT (§§ 43-7-51 — 43-7-79) › Section 43-7-63 - Duties of community ombudsman

The duties of the community ombudsman shall be:
(a)
The investigation of complaints filed by residents, sponsors, organizations or long-term care facilities on behalf of residents of long-term care facilities relating to the health, safety, welfare and rights of a resident and to ensure that residents have regular and timely access to the services of the State Ombudsman Program without inappropriate disclosure of resident-identifying information.
(b)
The pursuit of efforts to resolve complaints informally and represent residents before governmental agencies.
(c)
The reviewing of the development and implementation of federal, state and local laws, regulations and policies relating to long-term care and, if appropriate, to comment on those laws, regulations and policies.
(d)
The training of volunteers:
(i)
Training of volunteers shall be approved by the State Long-Term Care Facilities Ombudsman as appropriate to the level of responsibility of the volunteer, and shall be carried out in accordance with the training manual developed by the Office of the State Long-Term Care Facilities Ombudsman;
(ii)
Volunteers who have met the training and designation requirements appropriate to their level of responsibility shall be given identification cards which shall be presented to employees of a long-term care facility upon request;
(iii)
No volunteer shall perform any of the duties enumerated by Sections
43-7-51
through
43-7-79
prior to completion of the training and designation program, except as a supervised portion of that training program.
(e)
The providing of public forums, scheduling of public hearings, sponsoring of conferences and workshops, and conducting other meetings to gather, disseminate and discuss information relative to the needs and problems of the residents in long-term care facilities as requested by resident and family councils.
(f)
The encouragement and assistance in the development and operation of referral services which can provide current, valid and reliable information on long-term care facilities and alternatives to institutionalization for persons in need of these services.
(g)
The submission of reports as required by the Office of the State Long-Term Care Facilities Ombudsman.
(h)
The development of an ongoing program of publicity concerning the purposes and mode of operation of the long-term care facilities ombudsman program through contact with the media and civic organizations.
Laws, 1988, ch. 592, § 7, eff. 7/1/1988.
Amended by Laws, 2017, ch. 344, HB 492, 7, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 7 - COUNCIL ON AGING (§§ 43-7-1 — 43-7-79) › LONG-TERM CARE FACILITIES OMBUDSMAN ACT (§§ 43-7-51 — 43-7-79) › Section 43-7-67 - Access to long-term care facilities by ombudsman

(1)
Except during the course of an investigation carried out under Section
43-7-65
, ombudsmen shall have access to long-term care facilities for the purposes of carrying out the duties enumerated by Sections
43-7-51
through
43-7-79
during reasonable hours or at other times with the prior approval of the administrator of the long-term care facility. Access shall mean:
(a)
Access to the long-term care facility;
(b)
Private communication with residents and their sponsors; and
(c)
The right to tour the long-term care facility unescorted.
(2)
No person shall discriminate, retaliate or engage in willful interference against any resident, immediate family, resident representative or an employee of a long-term care facility due to making a complaint or giving information in good faith to the State Ombudsman Program.
(3)
Any person convicted of violating any provision of this section shall be guilty of a misdemeanor.
Laws, 1988, ch. 592, § 9, eff. 7/1/1988.
Amended by Laws, 2017, ch. 344, HB 492, 9, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 7 - COUNCIL ON AGING (§§ 43-7-1 — 43-7-79) › LONG-TERM CARE FACILITIES OMBUDSMAN ACT (§§ 43-7-51 — 43-7-79) › Section 43-7-69 - Confidentiality of records; policies and procedures

The State Ombudsman shall establish policies and procedures with regard to confidentiality of resident, long-term care facility and government agency records. These policies and procedures shall ensure that:
(a)
Any ombudsman shall not disclose the identity of any resident or complainant unless the resident or complainant or the legal representative of either specifically consents in writing to the disclosure.
(b)
The investigatory files of any long-term care facilities ombudsman program shall be maintained as confidential information and may only be disclosed at the discretion of the State Ombudsman or their designee for such purposes set by criteria of the State Ombudsman, except as necessary for the preparation of statistical data, as required to carry out the duties of Sections
43-7-51
through
43-7-79
, or as required pursuant to a court order.
Laws, 1988, ch. 592, § 10, eff. 7/1/1988.
Amended by Laws, 2017, ch. 344, HB 492, 10, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 7 - COUNCIL ON AGING (§§ 43-7-1 — 43-7-79) › LONG-TERM CARE FACILITIES OMBUDSMAN ACT (§§ 43-7-51 — 43-7-79) › Section 43-7-71 - Investigation participants immune from liability; protected participants and practices

Individuals participating in an investigation carried out pursuant to Sections
43-7-51
through
43-7-79
shall be immune from any civil liability that otherwise might result by reason of their participation in the investigation as long as such participation is done in good faith. Protected participants and practices shall include:
(a)
Any person who participates in the registering of a complaint under Sections
43-7-51
through
43-7-79
;
(b)
Any ombudsman who investigates a complaint filed pursuant to Sections
43-7-51
through
43-7-79
;
(c)
Any person who provides access to an ombudsman in the course of an investigation;
(d)
Any person who provides evidence during the course of an investigation;
(e)
Any person who participates in an administrative or judicial proceeding resulting from a complaint filed pursuant to Sections
43-7-51
through
43-7-79
; and
(f)
Any communications by an ombudsman if reasonably related to the requirements of that individual's responsibilities under Sections
43-7-51
through
43-7-79
.
Laws, 1988, ch. 592, § 11, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 7 - COUNCIL ON AGING (§§ 43-7-1 — 43-7-79) › LONG-TERM CARE FACILITIES OMBUDSMAN ACT (§§ 43-7-51 — 43-7-79) › Section 43-7-73 - Immunity from liability for ombudsman's acts causing injury

No long-term care facility covered by Sections
43-7-51
through
43-7-79
, its owners, administrator, officers, directors, agents, consultants, employees or any member of management, shall be held civilly liable to any patient, family member of a patient or other third party for any act of omission or commission made by any ombudsman working or appointed with or without compensation including a volunteer ombudsman that causes any injury to a patient.
Laws, 1988, ch. 592, § 12, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 7 - COUNCIL ON AGING (§§ 43-7-1 — 43-7-79) › LONG-TERM CARE FACILITIES OMBUDSMAN ACT (§§ 43-7-51 — 43-7-79) › Section 43-7-75 - Authority to establish additional committees

The Office of the State Long-term Care Facilities Ombudsman may establish committees to assist in carrying out the programs and duties of such office.
Laws, 1988, ch. 592, § 13, eff. 7/1/1988.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 7 - COUNCIL ON AGING (§§ 43-7-1 — 43-7-79) › LONG-TERM CARE FACILITIES OMBUDSMAN ACT (§§ 43-7-51 — 43-7-79) › Section 43-7-77 - Additional powers and duties of ombudsmen; agencies to cooperate

(1)
The ombudsman may request information, cooperation and assistance from any government agency, and the agency is hereby authorized and directed to provide cooperation, assistance or information that will enable the ombudsman to properly perform any of his functions, duties and powers under the provisions of Sections
43-7-51
through
43-7-79
.
(2)
All advocacy organizations and organizations similar in nature to the long-term care facilities ombudsman program which receive funding or official designation from the state shall cooperate with the long-term care facilities ombudsman.
(3)
The Office of the State Long-Term Care Facilities Ombudsman shall maintain a close working relationship with the legal assistance developer of the Mississippi Council on Aging through adoption of memoranda of understanding.
(4)
The long-term care facilities ombudsman shall seek to establish effective coordination between programs which provide legal services for the elderly, including, but not limited to, programs funded by the Federal Legal Services Corporation or the Older Americans Act of 1965, as amended, and other entities with responsibilities relevant to the health, safety, welfare and rights of residents in long-term care facilities through adoption of memoranda of understanding or other means.
(5)
The long-term care facilities ombudsman may observe any survey in a long-term care facility conducted by a government agency.
Laws, 1988, ch. 592, § 14, eff. 7/1/1988.
Amended by Laws, 2017, ch. 344, HB 492, 11, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 7 - COUNCIL ON AGING (§§ 43-7-1 — 43-7-79) › LONG-TERM CARE FACILITIES OMBUDSMAN ACT (§§ 43-7-51 — 43-7-79) › Section 43-7-78 - [Repealed]

Repealed by its own terms, eff. 6/30/1993.
§ 43-7-78. [Laws, 1992, ch. 465, § 1] Former § 43-7-79. [Laws, 1988, ch. 592, § 15; Laws, 1992, ch. 465, § 2]
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 7 - COUNCIL ON AGING (§§ 43-7-1 — 43-7-79) › LONG-TERM CARE FACILITIES OMBUDSMAN ACT (§§ 43-7-51 — 43-7-79) › Section 43-7-79 - Recommendations, rules and regulations by State Ombudsman

The State Ombudsman shall recommend policies and procedures to carry out the provisions of Sections
43-7-51
through
43-7-79
and propose rules and regulations to implement the provisions of Sections
43-7-51
through
43-7-79
.
Added by Laws, 2017, ch. 344, HB 492, 12, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 9 - OLD AGE ASSISTANCE (§§ 43-9-1 — 43-9-47) › Section 43-9-1 - Statewide system of old age assistance

For the purpose of providing for aged persons in need, a statewide system of old age assistance is hereby established and shall be in effect in all political subdivisions of this state to operate with due regard to the varying conditions and cost of living, to be financed by state appropriations therefor, and to be administered by the Department of Human Services, Division of Aging and Adult Services, as hereinafter provided.
Codes, 1942, § 7214; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 2008, ch. 541, § 4, eff. 7/1/2008.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 9 - OLD AGE ASSISTANCE (§§ 43-9-1 — 43-9-47) › Section 43-9-3 - Short title

This chapter and Chapter 1 of this title shall be known as the "Mississippi Old Age Security Law" and shall be cited as such.
Codes, 1942, § 7215; Laws, 1936, ch. 175; Laws, 1940, ch. 298.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 9 - OLD AGE ASSISTANCE (§§ 43-9-1 — 43-9-47) › Section 43-9-5 - Definitions

When used herein, the term "department" means the State Department of Public Welfare; "commissioner" means the state commissioner of public welfare; "board" means the state board of public welfare; "applicant" means a person applying for assistance under this chapter; "recipient" means a person receiving aid under the provisions of this chapter; "assistance" means money payments including vendor payments made to or in behalf of needy aged persons hereunder; "county department" means the county board of public welfare, the director of public welfare, and such other personnel as may be authorized in said department by the State Department of Public Welfare.
Codes, 1942, § 7216; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1962, ch. 562, § 1; Laws, 1970, ch. 503, § 1, eff. 3/6/1970.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 9 - OLD AGE ASSISTANCE (§§ 43-9-1 — 43-9-47) › Section 43-9-7 - Eligibility for assistance to the needy aged

Assistance shall be given under this chapter to any person who:
(a)
Has attained the age of sixty-five (65) years;
(b)
Has resided in the state for one (1) year immediately preceding his application and such residence shall not have been established solely or in part for the purpose of enabling the applicant to come within the provisions of this chapter;
(c)
Resides in the county in which application is made;
(d)
Has not sufficient income or other resources to provide a reasonable subsistence compatible with decency and health;
(e)
Is not an inmate of or being maintained by any county, municipal, state, or national institution at the time of receiving assistance except as a patient in a public medical institution, or is not a patient in any institution for tuberculosis or mental diseases, or is not a patient in any medical institution as a result of having been diagnosed as having tuberculosis or psychosis; in the event the federal Social Security Act or other appropriate federal statutes are so amended as to permit funds appropriated by congress to be used for assistance to aged persons who are inmates of public institutions, then being an inmate of any such institution shall not disqualify any such person for assistance. An inmate of a public institution may, however, make application for such assistance but the assistance if granted shall not begin until after he ceases to be an inmate;
(f)
Has not made an assignment or transfer of property so as to render himself eligible for assistance under this chapter at any time within two (2) years immediately prior to the filing of an application for assistance pursuant to the provisions hereof.
Codes, 1942, § 7225; Laws, 1936, ch. 175; Laws, 1938, ch. 361; Laws, 1940, ch. 289; Laws, 1940, 298; Laws, 1948, ch. 408, § 1; Laws, 1960, ch. 439, § 1.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 9 - OLD AGE ASSISTANCE (§§ 43-9-1 — 43-9-47) › Section 43-9-9 - Amount of assistance

The amount of assistance for the needy aged which any recipient shall receive shall be determined by the county department with due regard to the resources, income, and necessary expenditures of the individual and the conditions existing in each case and in accordance with the rules and regulations made by the state department, and shall be sufficient when added to all other income and support of the recipient to provide him with a reasonable subsistence compatible with decency and health or special needs as permitted under the federal Social Security Act. However, the state department of public welfare may disregard the amount of monthly income of the recipient as specified by the federal Social Security Act.
Codes, 1942, § 7226; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1957, Ex Sess ch. 23; Laws, 1960, ch. 440; Laws, 1962, ch. 562, § 2; Laws, 1962, 2d Ex Sess ch. 33; Laws, 1968, ch. 562, § 5, eff. 7/30/1968.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 9 - OLD AGE ASSISTANCE (§§ 43-9-1 — 43-9-47) › Section 43-9-11 - Application for assistance to the needy aged

Application for assistance under this chapter shall be made to the county welfare agent of the county in which the applicant resides. The application shall be in writing or reduced to writing in the manner and upon the form prescribed by the state department. Such application shall contain such information as may be prescribed by the state department.
Codes, 1942, § 7227; Laws, 1936, ch. 175; Laws, 1940, ch. 298.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 9 - OLD AGE ASSISTANCE (§§ 43-9-1 — 43-9-47) › Section 43-9-13 - Investigation of applications

Whenever a county welfare agent receives an application for assistance under this chapter, an investigation and record shall promptly be made of the circumstances of the applicant to ascertain the facts supporting the application made under this chapter and such other information as may be required by the rules of the state board.
The county department and the state department shall have the power to conduct examinations, subpoena witnesses, require the attendance of witnesses, and the production of books, records and papers, and make application to the circuit court of the county to compel the attendance of witnesses and the production of such books, records and papers. The county board and such officers and employees as are designated by the state commissioner may also administer oaths and affirmations.
Codes, 1942, § 7228; Laws, 1936, ch. 175; Laws, 1940, ch. 298.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 9 - OLD AGE ASSISTANCE (§§ 43-9-1 — 43-9-47) › Section 43-9-15 - Granting of assistance

Upon completion of the investigation, the county department shall determine in accordance with the rules and regulations of the state department, whether the applicant is eligible for assistance under the provisions of this chapter, the amount of assistance he shall receive, and the date upon which such assistance shall begin. All checks for such assistance shall be mailed by the state department or county welfare office to the recipients at their postoffice address. The director of the state department shall determine whether such checks shall be mailed by the state department or by the county welfare office.
It shall be the duty of the state department insofar as is practicable to provide assistance to eligible persons, who, due to limitations of available funds have not been placed upon the assistance rolls, as soon as practicable after additional funds become available to the department and prior to making a general increase in assistance grants to persons already on said assistance rolls. However, nothing in this section shall be construed to bar or limit any county department of public welfare from granting individual increases in the amount of assistance to recipients based upon their individual needs. The state department shall, as soon as made possible by the availability of additional funds, take steps to eliminate all waiting lists. The state department or the office of public welfare of the various counties shall notify each applicant concerning the action taken on his or her application for assistance, and if the application for assistance is denied, the applicant shall be notified and given the reasons for such denial, and the lack of money shall not constitute a reason for such denial.
Codes, 1942, § 7229; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1944, ch. 291, § 1, eff. 6/30/1944.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 9 - OLD AGE ASSISTANCE (§§ 43-9-1 — 43-9-47) › Section 43-9-17 - Payment for benefit of recipient

If the recipient or applicant is found incapable of taking care of himself or his money, payments may be paid to any person, firm, corporation, association, institution or agency designated to receive it by order of the county department of his county.
Codes, 1942, § 7230; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1962, ch. 562, § 3, eff. 4/25/1962.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 9 - OLD AGE ASSISTANCE (§§ 43-9-1 — 43-9-47) › Section 43-9-19 - Assistance not assignable

No assistance given under this chapter shall be transferable or assignable, at law or in equity, and none of the money paid or payable under this chapter shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or insolvency law.
Codes, 1942, § 7231; Laws, 1936, ch. 175; Laws, 1940, ch. 298.