reglab/statecodes huggingface dataset:
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 43-9-21 - Appeal to the State Department of Public Welfare

The county department shall at once report to the state department its decision upon each application. If an application is not acted upon by the county department within thirty (30) days after the filing of the application, or is denied or revoked, the applicant may appeal to the state department in the manner and form prescribed by rules and regulations. The state department shall upon receipt of such an appeal give the applicant an opportunity for a fair hearing. The state department may also, upon its own motion, review any decision of a county department and may consider any application upon which a decision has not been made by the county department within a reasonable time.
The state department may make such additional investigation as it may deem necessary and shall make such decision as to the granting of assistance and the amount of assistance to be granted the applicant as in its opinion is justified and in conformity with the provisions of this chapter. All decisions of the state department shall be binding upon the county department involved and shall be complied with by such county department.
Codes, 1942, § 7232; 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 43-9-23 - Periodic reconsideration and changes in amount of assistance

All assistance grants made under this chapter shall be reconsidered as frequently as may be required by the rules and regulations of the state board. After such further investigation, the amount of assistance may be changed or assistance may be entirely withdrawn if the state commissioner or county department finds that the recipient's circumstances have altered sufficiently to warrant such action. The county department may at any time cancel and revoke assistance for cause and it may for cause suspend assistance for such period as it may deem proper. Whenever assistance is thus withdrawn, revoked, suspended or in any way changed, the county department shall at once report to the state department such decision together with the record of its investigation. All such decisions shall be subject to review by the state commissioner as provided in Section
43-9-21
.
Codes, 1942, § 7233; 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 43-9-25 - No fees to be paid

No person shall make any charge or receive any fee for representing any applicant or recipient of assistance in any proceeding hereunder except as to criminal proceedings brought pursuant to Section
43-9-27
; or with respect to any application whether such fee or charge be paid by the applicant or recipient or by any other person or persons. Any violation of this section shall constitute a misdemeanor and be punishable as provided in Section
43-9-27
.
Codes, 1942, § 7235; 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 43-9-27 - Fraudulent acts

Whoever obtains, or attempts, or aids, or abets any person to obtain by means of a wilfully false statement or representation or by impersonation, or other fraudulent device;
(1)
Assistance to which he is not entitled; or
(2)
Assistance greater than that to which he is justly entitled, is guilty of a misdemeanor, and upon the conviction thereof shall be fined not more than five hundred dollars ($500.00) or be imprisoned for not more than three (3) months, or be both so fined and imprisoned in the discretion of the court. In assessing the penalty, the court shall take into consideration the amount of money fraudulently received.
Codes, 1942, § 7236; 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 43-9-29 - Recovery from recipient's estate for false representation

On the death of any recipient, double the total amount of assistance paid to such recipient under this chapter shall be allowed as a claim against the estate of such person if it is found that such recipient has obtained funds by false representation.
Codes, 1942, § 7234; 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 43-9-31 - Limitations of chapter

All assistance granted under this chapter shall be deemed to be granted and to be held subject to the provisions of any amending or repealing law that may hereafter be passed. No recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affected in any way by any amending or repealing law.
Codes, 1942, § 7237; 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 43-9-33 - Receipt and disposition of federal and other funds

The state treasurer is hereby authorized and directed to receive on behalf of the state, and to execute all instruments incidental thereto, federal or other funds to be used for payments of assistance herein provided, and to place all such funds in a special account to the credit of the "state department of public welfare," which said funds shall be expended by the department for the purposes and under the provisions of this chapter, and shall be paid out by the state treasurer as funds appropriated to carry out the provisions of this chapter are paid out by him.
Codes, 1942, § 7239; 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 43-9-35 - Disbursement of funds; how made

The state department shall issue all checks for assistance to person qualifying for aid under the provisions of this chapter. All such checks shall be drawn upon funds made available to the state department of public welfare by the state auditor, upon requisition of the commissioner, approved by the state board.
Codes, 1942, § 7240; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1979, ch. 468, § 3, eff. 7/1/1979.
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 43-9-37 - Limitation of assistance and administrative cost

The total amount of assistance granted under the provisions of this chapter and the expenses incurred thereunder shall not exceed the amounts of funds appropriated therefor by the legislature, together with any funds received from the federal government or other sources for the purposes of this chapter and Chapter 1 of this title. The cost of administering this chapter and Chapter 1 of this title shall not exceed the funds appropriated by the state legislature.
Codes, 1942, § 7241; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1966, ch. 607, § 1; Laws, 1973, ch. 487, § 1, eff. 4/12/1973.
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 43-9-39 - Litigation

No suit shall be maintained in any court for the purpose of compelling an award of assistance or to enforce payment of any award of assistance made under the provisions of this chapter. Awards made hereunder shall in no case create any vested or other rights for assistance in the recipients.
Codes, 1942, § 7243; 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 43-9-41 - Construction of law

This chapter and Chapter 1 of this title are supplementary to and in aid of any and all welfare laws now in force in Mississippi which are not directly in conflict herewith.
Codes, 1942, § 7244; 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 43-9-43 - Reservation of right to amend or repeal old age security law

The Legislature reserves the right to amend or repeal all or any part of the Mississippi Old Age Security Law at any time, and there shall be no vested private right of any kind against such amendment or repeal. All the rights, benefits, or immunities conferred by said law or by acts done pursuant thereto shall exist subject to the power of the legislature to amend or repeal said law at any time.
Codes, 1942, § 7246; 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 43-9-45 - Termination of federal assistance program as ipso facto repeal

The Mississippi Old Age Security Law is continued in force in pursuance of Public Law 92-603, 92nd Congress, under Title III thereof establishing supplemental security income for the aged, blind and disabled; and under Title VI thereof providing grants to the several states for services to the aged, blind or disabled to help needy individuals who are sixty-five (65) years of age or over, are blind, or are disabled to attain or retain capability for self-support or self-care under plans approved by the secretary of health, education and welfare, for services to the aged, blind or disabled; to continue the administration of aid to families with dependent children, pursuant to Title IV, federal Social Security Act, and Sections
43-17-1
through
43-17-25
; to determine the eligibility of needy persons for food stamps from the U. S. Department of Agriculture or other federal agency, thus enabling the state to make more adequate provisions for needy aged, blind or disabled persons and for families with dependent children by reason of said federal grants therein provided, the state being unable financially to provide such services and assistance without such federal aid. Therefore, in the event that Public Law 92-603, 92nd Congress, or Title IV, federal Social Security Act, should be finally adjudged invalid, or in the event that the federal grants-in-aid provided thereunder should be substantially reduced below fifty percent (50%), then and in either of such events, and upon public proclamation of the governor, the Mississippi Old Age Security Law shall ipso facto be thereby repealed and rendered null and void.
Codes, 1942, § 7247; Laws, 1936, ch. 175; Laws, 1940, ch. 298; Laws, 1973, ch. 489, § 1; Laws, 1980, ch. 508, § 3; Laws, 1981, ch. 350, § 2, eff. 7/1/1981.
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 43-9-47 - Authority of municipality or county to match federal funds

(1)
The governing authority of any municipality or county of the State of Mississippi is hereby authorized and empowered, in its discretion, to expend such sums as it deems necessary and desirable to match federal funds for any assistance program for aged persons in the State of Mississippi. The governing authority of any municipality or county is authorized to make a voluntary contribution to any such assistance program for aged persons.
(2)
The sums expended under this section may be paid from any available funds of the municipality or county to any agency, project, grantee or program approved or sponsored by the Mississippi Council on Aging.
Laws, 1979, ch. 370, eff. 3/15/1979.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 11 - INSTITUTIONS FOR THE AGED OR INFIRM (§§ 43-11-1 — 43-11-41) › IN GENERAL (§§ 43-11-1 — 43-11-27) › Section 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.
Codes, 1942, § 6964-02; Laws, 1952, ch. 384, § 2, eff. 4/11/1952.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 11 - INSTITUTIONS FOR THE AGED OR INFIRM (§§ 43-11-1 — 43-11-41) › IN GENERAL (§§ 43-11-1 — 43-11-27) › Section 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.
Codes, 1942, § 6964-03; Laws, 1952, ch. 384, § 3, eff. 4/11/1952.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 11 - INSTITUTIONS FOR THE AGED OR INFIRM (§§ 43-11-1 — 43-11-41) › IN GENERAL (§§ 43-11-1 — 43-11-27) › Section 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.
Codes, 1942, § 6964-04; Laws, 1952, ch. 384, § 4; Laws, 1979, ch. 445, § 6; Laws, 1986, ch. 500, § 30; Laws, 1998, ch. 433, § 8; Laws, 2002, ch. 578, § 2, eff. 7/1/2002.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 28, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 28, eff. 7/1/2016, rep. 7/1/2020, repeal date removed by Laws, 2020, ch. 473, SB 2311,§ 6, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 11 - INSTITUTIONS FOR THE AGED OR INFIRM (§§ 43-11-1 — 43-11-41) › IN GENERAL (§§ 43-11-1 — 43-11-27) › Section 43-11-8 - Application for license for adult foster care facility; license fees; license renewal

(1)
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
.
(2)
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.
Laws, 2007, ch. 552, § 3, eff. 7/1/2007.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 29, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 29, eff. 7/1/2016, rep. 7/1/2020, repeal date removed by Laws, 2020, ch. 473, SB 2311,§ 6, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 11 - INSTITUTIONS FOR THE AGED OR INFIRM (§§ 43-11-1 — 43-11-41) › IN GENERAL (§§ 43-11-1 — 43-11-27) › Section 43-11-9 - Issuance and renewal of license for institution for aged or infirm or personal care home; user fee

(1)
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.
(2)
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).
(3)
No governmental entity or agency shall be required to pay the fee or fees set forth in this section.
Codes, 1942, § 6964-05; Laws, 1952, ch. 384, § 5; Laws, 1979, ch. 445, § 7; Laws, 1980, ch. 493, § 19; Laws, 1986, ch. 437, § 30; Laws, 1986, ch. 500, § 31; Laws, 1998, ch. 433, § 9, eff. 7/1/1998.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 30, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 30, eff. 7/1/2016, rep. 7/1/2020, repeal date removed by Laws, 2020, ch. 473, SB 2311,§ 6, eff. 7/1/2020.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 11 - INSTITUTIONS FOR THE AGED OR INFIRM (§§ 43-11-1 — 43-11-41) › IN GENERAL (§§ 43-11-1 — 43-11-27) › Section 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.
Codes, 1942, § 6964-06; Laws, 1952, ch. 384, § 6, eff. 4/11/1952.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 11 - INSTITUTIONS FOR THE AGED OR INFIRM (§§ 43-11-1 — 43-11-41) › IN GENERAL (§§ 43-11-1 — 43-11-27) › Section 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.
Codes, 1942, § 6964-08; Laws, 1952, ch. 384, § 8, eff. 4/11/1952.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 11 - INSTITUTIONS FOR THE AGED OR INFIRM (§§ 43-11-1 — 43-11-41) › IN GENERAL (§§ 43-11-1 — 43-11-27) › Section 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
.
Laws 2002, 3rd Ex Sess, ch. 2, § 10, eff. 1/1/2003.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 11 - INSTITUTIONS FOR THE AGED OR INFIRM (§§ 43-11-1 — 43-11-41) › IN GENERAL (§§ 43-11-1 — 43-11-27) › Section 43-11-17 - Inspections

The licensing agency shall make or cause to be made such inspections and investigations as it deems necessary.
Codes, 1942, § 6964-09; Laws, 1952, ch. 384, § 9, eff. 4/11/1952.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 11 - INSTITUTIONS FOR THE AGED OR INFIRM (§§ 43-11-1 — 43-11-41) › IN GENERAL (§§ 43-11-1 — 43-11-27) › Section 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
.
Codes, 1942, § 6964-10; Laws, 1952, ch. 384, § 10; Laws, 1984, ch. 362, § 2, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 11 - INSTITUTIONS FOR THE AGED OR INFIRM (§§ 43-11-1 — 43-11-41) › IN GENERAL (§§ 43-11-1 — 43-11-27) › Section 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.
Codes, 1942, § 6964-11; Laws, 1952, ch. 384, § 11, eff. 4/11/1952.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 11 - INSTITUTIONS FOR THE AGED OR INFIRM (§§ 43-11-1 — 43-11-41) › IN GENERAL (§§ 43-11-1 — 43-11-27) › Section 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.
Codes, 1942, § 6964-12; Laws, 1952, ch. 384, § 12; Laws, 1980, ch. 493, § 20; Laws, 1986, ch. 437, § 32, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 11 - INSTITUTIONS FOR THE AGED OR INFIRM (§§ 43-11-1 — 43-11-41) › IN GENERAL (§§ 43-11-1 — 43-11-27) › Section 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.
Codes, 1942, § 6964-13; Laws, 1952, ch. 384, § 13; Laws, 1980, ch. 493, § 21, eff. 5/13/1980.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 11 - INSTITUTIONS FOR THE AGED OR INFIRM (§§ 43-11-1 — 43-11-41) › IN GENERAL (§§ 43-11-1 — 43-11-27) › Section 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.
Codes, 1942, § 6964-14; Laws, 1952, ch. 384, § 14; Laws, 2012, ch. 546, § 16, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 11 - INSTITUTIONS FOR THE AGED OR INFIRM (§§ 43-11-1 — 43-11-41) › CHOICE OF PHARMACY PROVIDERS IN LONG-TERM CARE FACILITIES (§ 43-11-41) › Section 43-11-41 - Freedom of choice of pharmacy providers for patients in long-term care facilities

(1)
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.
(2)
"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.
(3)
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.
(4)
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.
Laws, 2007, ch. 460, § 1, eff. 7/1/2007.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 12 - MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION ACT (§§ 43-12-1 — 43-12-71) › MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION (§§ 43-12-1 — 43-12-47) › Section 43-12-1 - Short title

This chapter shall be known and may be cited as the "Medicaid and Human Services Transparency and Fraud Prevention Act."
Added by Laws, 2017, ch. 421, HB 1090, 1, eff. 4/12/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 12 - MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION ACT (§§ 43-12-1 — 43-12-71) › MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION (§§ 43-12-1 — 43-12-47) › Section 43-12-3 - Integration of eligibility systems

The Division of Medicaid shall submit a final Advanced Planning Document to the Centers for Medicare and Medicaid Services (CMS) for the purpose of applying for the OMB A87 exception to support the integration of eligibility systems between the division and any applicable Department of Human Services program where an integrated system of eligibility will serve the state's interest in developing shared eligibility services across health and human services programs, while at the same time promoting and enhancing the state's efforts of ensuring maximum program integrity across each agency. In preparing the final Advanced Planning Document, the division also shall:
(a)
Identify functions that can be leveraged or shared across the state Medicaid program and other Department of Human Services programs;
(b)
Weigh benefits of shared systems;
(c)
Identify interoperability and integration goals;
(d)
Seek guidance from the Centers for Medicaid and Medicare Services (CMS) and the Office for the Administration of Children and Families (ACF) on state ideas before submitting the Advanced Planning Document; and
(e)
Ensure that the enhancement to front end identity and asset verification is an integral part of the advanced planning and integration process going forward.
The division shall submit a report on its progress to the chairmen of the House and Senate Medicaid Committees within ninety (90) business days and on a quarterly basis thereafter until the final Advanced Planning Document is completed. The report also shall be provided to the other members of the Legislature upon request.
Added by Laws, 2017, ch. 421, HB 1090, 2, eff. 4/12/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 12 - MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION ACT (§§ 43-12-1 — 43-12-71) › MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION (§§ 43-12-1 — 43-12-47) › Section 43-12-7 - [Repealed] Enhanced eligibility verification process

(1)
Before awarding assistance, the department shall verify eligibility for assistance by using the enhanced eligibility verification service established in Section
43-12-5(2)
. The department shall also conduct enhanced eligibility verification under Section
43-12-5(2)
periodically between eligibility redeterminations and during eligibility redeterminations when there is a risk of changes in income, assets, residency or other relevant factors and the department has determined that the benefits of enhanced eligibility verification outweigh the cost.
(2)
It is the intent of the Legislature that any recipient who has moved out of state shall be terminated from the rolls of eligible recipients within three (3) months of the department being made aware of their change of residency.
Added by Laws, 2017, ch. 421, HB 1090, 4, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 12 - MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION ACT (§§ 43-12-1 — 43-12-71) › MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION (§§ 43-12-1 — 43-12-47) › Section 43-12-9 - Enhanced identity authentication process

Before awarding assistance, applicants for benefits must complete a computerized identity authentication process that shall confirm the applicant owns the identity presented in the application. The department shall continue to review the recipient's identity ownership periodically to verify and protect the identity of the recipient.
Added by Laws, 2017, ch. 421, HB 1090, 5, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 12 - MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION ACT (§§ 43-12-1 — 43-12-71) › MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION (§§ 43-12-1 — 43-12-47) › Section 43-12-13 - Referrals for fraud, misrepresentation, or inadequate documentation

After reviewing changes or discrepancies that may affect program eligibility, the department shall refer, within forty-five (45) business days, suspected cases of fraud, misrepresentation, or inadequate documentation to appropriate agencies, divisions, or departments for review of eligibility discrepancies in other public programs. This shall also include cases where an individual is determined to be no longer eligible for the original program. In cases where fraud affecting program eligibility is substantiated, the department or other appropriate agencies shall garnish wages or state income tax refunds until the state recovers an amount equal to the amount of benefits that were fraudulently received.
Added by Laws, 2017, ch. 421, HB 1090, 7, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 12 - MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION ACT (§§ 43-12-1 — 43-12-71) › MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION (§§ 43-12-1 — 43-12-47) › Section 43-12-15 - Reporting

(1)
Thirty (30) business days before entering into a competitively bid contract for the eligibility verification service required by Section
43-12-5
, the department shall provide a written report to the Governor, the Chairmen of the House and Senate Appropriations Committees, the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee, and the House and Senate Medicaid Committees, detailing the data sources proposed to be used by the third-party vendor for eligibility and redeterminations, the relevancy of the information from the data sources, the frequency of how often each data source will be accessed, and an explanation of why other data sources that are readily available are not being used. The report shall include a dynamic cost-benefit analysis that shows the ratio of potential fraud detection to the types and kinds of data sources and information tools proposed to be used by the third-party vendor. The report also shall be provided to the other members of the Legislature upon request.
(2)
Six (6) months after the implementation of the eligibility verification service required by Section
43-12-5
, and quarterly thereafter, the department shall provide a written report to the Governor, the chairmen of the House and Senate Appropriations Committees, the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee, and the House and Senate Medicaid Committees, detailing the effectiveness and general findings of the eligibility verification service, including the number of cases reviewed, the number of case closures, the number of referrals for criminal prosecution, recovery of improper payments, collection of civil penalties, and the savings that have resulted from the service. The report also shall be provided to the other members of the Legislature upon request.
Added by Laws, 2017, ch. 421, HB 1090, 8, eff. 4/12/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 12 - MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION ACT (§§ 43-12-1 — 43-12-71) › MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION (§§ 43-12-1 — 43-12-47) › Section 43-12-17 - Transparency in Medicaid

Following the precedent set by Medicare, the department shall electronically release to the public data that includes, but is not limited to the following: the provider's name and office locations; a provider's National Provider Identifier (NPI); the type of service provided by Healthcare Common Procedure Coding System (HCPCS) code; and whether the service was performed in a facility or office setting. This public data shall also include the number of services, average submitted charges, average allowed amount, average Medicaid payment, and a count of unique beneficiaries treated. Nothing in this section shall be construed to require the department to publicly share protected information as defined by the federal Health Insurance Portability and Accountability Act (HIPAA).
Added by Laws, 2017, ch. 421, HB 1090, 9, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 12 - MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION ACT (§§ 43-12-1 — 43-12-71) › MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION (§§ 43-12-1 — 43-12-47) › Section 43-12-19 - Work requirements

The Department of Human Services shall not seek, apply for, accept or renew any waiver of requirements established under
7 USC Section 2015(o)
, except during a formal state or federal declaration of a natural disaster.
Added by Laws, 2017, ch. 421, HB 1090, 10, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 12 - MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION ACT (§§ 43-12-1 — 43-12-71) › MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION (§§ 43-12-1 — 43-12-47) › Section 43-12-21 - Federal asset limits for the Supplemental Nutrition Assistance Program

In no case shall the resource limit standards of the Supplemental Nutrition Assistance Program (SNAP) exceed the standards specified in
7 USC Section 2014(g)(1)
, unless expressly required by federal law. In no case shall categorical eligibility exempting households from these resource limits be granted for any noncash, in-kind or other benefit, unless expressly required by federal law.
Added by Laws, 2017, ch. 421, HB 1090, 11, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 12 - MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION ACT (§§ 43-12-1 — 43-12-71) › MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION (§§ 43-12-1 — 43-12-47) › Section 43-12-23 - Broad-based categorical eligibility

(1)
In no case shall categorical eligibility under
7 USC Section 2014(a)
or
7 CFR Section 273.2(j)(2)(iii)
be granted for any noncash, in-kind or other benefit unless expressly required by federal law for the Supplemental Nutrition Assistance Program (SNAP).
(2)
The Department of Human Services shall not apply gross income standards for food assistance higher than the standards specified in
7 USC Section 2014(c)
unless expressly required by federal law. Categorical eligibility exempting households from such gross income standards requirements shall not be granted for any noncash, in-kind or other benefit, unless expressly required by federal law.
Added by Laws, 2017, ch. 421, HB 1090, 12, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 12 - MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION ACT (§§ 43-12-1 — 43-12-71) › MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION (§§ 43-12-1 — 43-12-47) › Section 43-12-25 - Sharing enrollee information across agencies

(1)
The Division of Medicaid and the Department of Human Services shall share eligibility information with each other within thirty (30) business days when an enrollee has been disenrolled for any financial or nonfinancial reason that may result in the enrollee's disqualification for benefits with the other department, and shall include the rationale for the action.
(2)
Any department, agency or division receiving information under subsection (1) of this section shall establish procedures to redetermine eligibility for any enrollee whose eligibility or benefit levels could change as a result of new information provided under subsection (1) of this section.
Added by Laws, 2017, ch. 421, HB 1090, 13, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 12 - MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION ACT (§§ 43-12-1 — 43-12-71) › MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION (§§ 43-12-1 — 43-12-47) › Section 43-12-27 - Maximum family grant

For purposes of determining the maximum aid payment under the TANF program, the number of persons in a household shall not be increased for any child born into a household that has received aid under TANF continuously for the ten (10) months before the birth of the child.
Added by Laws, 2017, ch. 421, HB 1090, 14, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 12 - MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION ACT (§§ 43-12-1 — 43-12-71) › MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION (§§ 43-12-1 — 43-12-47) › Section 43-12-29 - Verify identities and household composition, and all expenses of welfare applicants

The Department of Human Services shall verify identity, household composition, expenses, and any other factor affecting eligibility allowed under
7 CFR Section 273.2(f)(3)
.
Added by Laws, 2017, ch. 421, HB 1090, 15, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 12 - MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION ACT (§§ 43-12-1 — 43-12-71) › MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION (§§ 43-12-1 — 43-12-47) › Section 43-12-31 - Full cooperation with fraud investigations

The Department of Human Services shall communicate the expectation of mandatory cooperation with a fraud investigation and that noncompliance could result in case closure and termination of benefits within thirty (30) business days.
Added by Laws, 2017, ch. 421, HB 1090, 16, eff. 7/1/2017.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 12 - MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION ACT (§§ 43-12-1 — 43-12-71) › MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION (§§ 43-12-1 — 43-12-47) › Section 43-12-33 - Gaps in eligibility reporting

The Department of Human Services shall not establish or use a simplified reporting system under
7 CFR Section 273.12(a)(5)
. The department shall provide a written report to the Chairmen of the House and Senate Appropriations Committees, the House Public Health and Human Services Committee and the Senate Public Health and Welfare Committee, and the House and Senate Medicaid Committees, on the costs and state and federal savings of not using a simplified reporting system. The report also shall be provided to the other members of the Legislature upon request.
Added by Laws, 2017, ch. 421, HB 1090, 17, eff. 7/1/2019.
Mississippi Code 1972 (2023) › Title 43 - PUBLIC WELFARE (§§ 43-1-1 — 43-NEW01-012) › Chapter 12 - MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION ACT (§§ 43-12-1 — 43-12-71) › MEDICAID AND HUMAN SERVICES TRANSPARENCY AND FRAUD PREVENTION (§§ 43-12-1 — 43-12-47) › Section 43-12-35 - Noncompliance with Temporary Assistance for Needy Families program rules

(1)
The Department of Human Services shall only grant benefits when an approved applicant has signed a written agreement clearly enumerating continued eligibility requirements, circumstances in which sanctions may be imposed, and any potential penalties for noncompliance.
(2)
The department shall require all enrollees to be compliant with all program requirements, including work requirements, before granting benefits.
(3)
The department shall institute a three-month, full-household sanction for the first instance of noncompliance with any TANF requirement, unless expressly prohibited by federal law.
(4)
The department shall terminate benefits for the second instance of noncompliance with any TANF requirement, unless expressly prohibited by federal law.
(5)
An individual sanctioned under subsection (3) of this section shall not have benefits reinstated without reviewing the agreement required under subsection (1) of this section.
(6)
The department shall deny benefits to any adult member of a household where another adult member of the household has been found to have committed benefits fraud.
Added by Laws, 2017, ch. 421, HB 1090, 18, eff. 7/1/2017.