reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 67 - MISSISSIPPI INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM LAW (§§ 41-67-1 — 41-67-101) › GENERAL PROVISIONS (§§ 41-67-1 — 41-67-41) › Section 41-67-21 - [Repealed Effective 7/1/2028] Owner repair of malfunctioning disposal system; abatement of health hazards; penalty for violations

(1)
The department shall require a property owner and/or lessee to repair a malfunctioning individual on-site wastewater disposal system on the owner's or lessee's property before the thirtieth day after the date on which the owner or lessee is notified by the department of the malfunctioning system.
(2)
The property owner and/or lessee shall take adequate measures as soon as practicable to abate an immediate health hazard.
(3)
If an existing residential individual on-site wastewater disposal system is malfunctioning, the system shall be repaired to reduce the volume of effluent, to adequately treat the effluent and to the greatest extent possible, to confine the discharge to the property of the generator. If repairs are made to significantly upgrade the existing individual on-site wastewater disposal system, the department shall approve the system, if requested.
(4)
The property owner or lessee may be assessed a civil penalty not to exceed Five Dollars ($5.00) for each day the individual on-site wastewater disposal system remains unrepaired after the thirty-day period specified in subsection (1) of this section.
(5)
The board may assess the property owner or lessee of an individual on-site wastewater disposal system authorized under Section
41-67-3(3)
a civil penalty not to exceed Five Dollars ($5.00) for each day the system fails to meet the performance standards of that system after the thirty-day period specified in subsection (1) of this section.
(6)
All penalties collected by the board under this section shall be deposited in the State General Fund.
(7)
Appeals from the imposition of civil penalty under this section may be taken as provided in Section
41-67-29
.
Laws, 1992, ch. 536, § 9; Laws, 1996, ch. 516, § 16; reenacted without change, Laws, 2001, ch. 578, § 16; reenacted without change, Laws, 2002, ch. 493, § 16; reenacted without change, Laws, 2003, ch. 525, § 16; reenacted without change, Laws, 2005, ch. 545, § 16; reenacted without change, Laws, 2006, ch. 391, § 15; reenacted without change, Laws, 2008, ch. 563, § 14; reenacted without change, Laws, 2011, ch. 544, § 14, eff. 4/26/2011.
Reenacted by Laws, 2023, ch. 401, HB 522,§ 14, eff. 7/1/2023.
Repealed by the terms of §
41-67-31
, as amended by Laws, 2013, ch. 513, HB 719, 25, eff. 7/1/2013.
Amended by Laws, 2013, ch. 513, HB 719, 14, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 67 - MISSISSIPPI INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM LAW (§§ 41-67-1 — 41-67-101) › GENERAL PROVISIONS (§§ 41-67-1 — 41-67-41) › Section 41-67-23 - [Repealed Effective 7/1/2028] Inspection by Department where Department approval requested

The department or its authorized representative may enter onto property and make inspections of any individual on-site wastewater disposal system as necessary to ensure that the system is in compliance with this chapter and the rules and regulations adopted under this chapter. The department shall give reasonable notice to any property owner, lessee or occupant prior to entry onto the property. The owner, lessee, owner's representative, or occupant of the property on which the system is located shall give the department or its authorized representative reasonable access to the property at reasonable times to make necessary inspections.
Laws, 1992, ch. 536, § 10; Laws, 1996, ch. 516, § 17; reenacted without change, Laws, 2001, ch. 578, § 17; reenacted without change, Laws, 2002, ch. 493, § 17; reenacted without change, Laws, 2003, ch. 525, § 17; reenacted without change, Laws, 2005, ch. 545, § 17; reenacted without change, Laws, 2006, ch. 391, § 16; reenacted without change, Laws, 2008, ch. 563, § 15; reenacted without change, Laws, 2011, ch. 544, § 15, eff. 4/26/2011.
Reenacted by Laws, 2023, ch. 401, HB 522,§ 15, eff. 7/1/2023.
Repealed by the terms of §
41-67-31
, as amended by Laws, 2013, ch. 513, HB 719, 25, eff. 7/1/2013.
Amended by Laws, 2013, ch. 513, HB 719, 15, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 67 - MISSISSIPPI INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM LAW (§§ 41-67-1 — 41-67-101) › GENERAL PROVISIONS (§§ 41-67-1 — 41-67-41) › Section 41-67-27 - [Repealed Effective 7/1/2028] Registration required for manufacturers of individual on-site wastewater disposal system components to operate or do business in state; penalties

A person may not operate a business in or do business in the State of Mississippi as a manufacturer of components used in an individual on-site wastewater disposal system without holding a valid manufacturer's registration issued by the department. If any person is operating in the state as a manufacturer without certification by the department, the department, after due notice and opportunity for a hearing, may impose a monetary penalty not to exceed Ten Thousand Dollars ($10,000.00) for each violation.
Laws, 1992, ch. 536, § 12; Laws, 1996, ch. 516, § 19; reenacted without change, Laws, 2001, ch. 578, § 19; reenacted without change, Laws, 2002, ch. 493, § 19; reenacted without change, Laws, 2003, ch. 525, § 19; reenacted without change, Laws, 2005, ch. 545, § 19; reenacted without change, Laws, 2006, ch. 391, § 18; reenacted and amended, Laws, 2008, ch. 563, § 17; reenacted without change, Laws, 2011, ch. 544, § 17, eff. 4/26/2011.
Reenacted by Laws, 2023, ch. 401, HB 522,§ 17, eff. 7/1/2023.
Repealed by the terms of §
41-67-31
, as amended by Laws, 2013, ch. 513, HB 719, 25, eff. 7/1/2013.
Amended by Laws, 2013, ch. 513, HB 719, 17, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 67 - MISSISSIPPI INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM LAW (§§ 41-67-1 — 41-67-101) › GENERAL PROVISIONS (§§ 41-67-1 — 41-67-41) › Section 41-67-29 - [Repealed Effective 7/1/2028] Appeals

Any person who is aggrieved by any final decision of the board may appeal that final decision to the chancery court of the county of the situs in whole or in part of the subject matter. The appellant shall give a cost bond with sufficient sureties, payable to the state in a sum to be fixed by the board or the court and to be filed with and approved by the clerk of the court. The aggrieved party may, within thirty (30) days following a final decision of the board, petition the chancery court for an appeal with supersedeas and the chancellor shall grant a hearing on the petition. Upon good cause shown the chancellor may grant the appeal with supersedeas. The appellant shall be required to post a bond with sufficient sureties according to law in an amount to be determined by the chancellor. The chancery court shall always be deemed open for hearing of appeals and the chancellor may hear the appeal in termtime or in vacation at any place in his district. The appeal shall have precedence over all civil cases, except election contests. The chancery court shall review all questions of law and of fact and may enter a final order or remand the matter to the board for appropriate action as may be indicated or necessary under the circumstances. Appeals may be taken from the chancery court to the Supreme Court in the manner as now required by law, but if a supersedeas is desired by the party appealing to the chancery court, that party may apply therefor to the chancellor, who shall award a writ of supersedeas, without additional bond, if in the chancellor's judgment material damage is not likely to result. If material damage is likely to result, the chancellor shall require a supersedeas bond as deemed proper, which shall be liable to the state for any damage.
Laws, 1992, ch. 536, § 14; Laws, 1996, ch. 516, § 21; reenacted without change, Laws, 2001, ch. 578, § 21; reenacted without change, Laws, 2002, ch. 493, § 21; reenacted without change, Laws, 2003, ch. 525, § 21; reenacted without change, Laws, 2005, ch. 545, § 21; reenacted without change, Laws, 2006, ch. 391, § 20; reenacted without change, Laws, 2008, ch. 563, § 19; reenacted without change, Laws, 2011, ch. 544, § 19, eff. 4/26/2011.
Reenacted by Laws, 2023, ch. 401, HB 522,§ 19, eff. 7/1/2023.
Repealed by the terms of §
41-67-31
, as amended by Laws, 2013, ch. 513, HB 719, 25, eff. 7/1/2013.
Reenacted without change by Laws, 2013, ch. 513, HB 719, 19, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 67 - MISSISSIPPI INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM LAW (§§ 41-67-1 — 41-67-101) › GENERAL PROVISIONS (§§ 41-67-1 — 41-67-41) › Section 41-67-31 - Repeal of Sections 41-67-1 through 41-67-29 and Sections 41-67-33 through 41-67-41

Sections
41-67-1
through
41-67-29
and Sections
41-67-33
through
41-67-41
shall stand repealed on July 1, 2028.
Laws, 1996, ch. 516, § 24; Laws, 2001, ch. 578, § 22; Laws, 2002, ch. 493, § 22; Laws, 2003, ch. 525, § 22; Laws, 2005, ch. 545, § 22; Laws, 2006, ch. 391, § 21; Laws, 2008, ch. 511, § 1; Laws, 2008, ch. 563, § 25; Laws, 2011, ch. 544, § 25, eff. 4/26/2011.
Amended by Laws, 2023, ch. 401, HB 522,§ 24, eff. 7/1/2023.
Amended by Laws, 2013, ch. 513, HB 719, 25, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 67 - MISSISSIPPI INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM LAW (§§ 41-67-1 — 41-67-101) › GENERAL PROVISIONS (§§ 41-67-1 — 41-67-41) › Section 41-67-35 - [Repealed]

Laws, 2008, ch. 563, § 21; reenacted and amended, Laws, 2011, ch. 544, § 21, eff. 4/26/2011.
Repealed by Laws, 2013, ch. 513, HB 719, 21, eff. 7/1/2013.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 67 - MISSISSIPPI INDIVIDUAL ON-SITE WASTEWATER DISPOSAL SYSTEM LAW (§§ 41-67-1 — 41-67-101) › WASTEWATER ADVISORY BOARD (§ 41-67-101) › Section 41-67-101 - Wastewater Advisory Board created; purpose; composition; terms; meetings

(1)
There is created the Wastewater Advisory Board for the purpose of advising the Department of Health regarding individual on-site wastewater disposal systems. The advisory board shall be composed of the following:
(a)
One (1) appointee of the Executive Director of the American Council of Engineering;
(b)
One (1) appointee of the Executive Director of the Office of Pollution Control;
(c)
One (1) appointee of the State Health Officer;
(d)
One (1) appointee of the Executive Director of the Home Builders Association of Mississippi;
(e)
One (1) appointee of the Chairman of the Mississippi State Board of Health that represents a Mississippi ATU manufacturer;
(f)
One (1) appointee of the Executive Director of the Mississippi Engineering Society;
(g)
One (1) appointee of the Executive Director of the Mississippi Manufactured Housing Association;
(h)
One (1) appointee of the Chairman of the Mississippi State Board of Health that represents a certified installer;
(i)
One (1) appointee of the Chairman of the Mississippi State Board of Health that represents a septic tank or aggregate disposal manufacturer;
(j)
One (1) appointee of the Executive Director of the Mississippi Rural Water Association;
(k)
One (1) appointee of the Executive Director of the Mississippi Association of Supervisors;
(l)
One (1) appointee of the President of the Mississippi Pumpers Association;
(m)
One (1) appointee of the Executive Director of the Mississippi Soil and Water Conservation Commission;
(n)
One (1) appointee of the President of the Mississippi Water and Pollution Control Operators Association, Inc.;
(o)
The federally appointed Mississippi State Soil Scientist, or his designee;
(p)
One (1) appointee of the Director of the Mississippi State Board of Registered Professional Geologists;
(q)
One (1) appointee of the Executive Director of the Mississippi Department of Environmental Quality;
(r)
One (1) appointee of the Chairman of the Mississippi State Board of Health;
(s)
One (1) appointee of the Executive Director of the Mississippi Association of Realtors;
(t)
One (1) appointee of the Executive Director of the Mississippi Municipal League; and
(u)
One (1) appointee of the Chairman of the Department of the Mississippi State University School of Civil and Environmental Engineering.
(2)
The members of the advisory committee shall elect a chairman and vice chairman from its membership.
(3)
The terms of appointments for each member shall be for a period of two (2) years.
(4)
The advisory committee shall have quarterly meetings, with at least one (1) of those meetings taking place between forty-five (45) and sixty (60) days before the meeting of the Mississippi State Board of Health.
(5)
The Mississippi Department of Health shall staff all advisory committee meetings and record minutes of those meetings.
Laws, 2011, ch. 544, § 24, eff. 4/26/2011.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 71 - HOME HEALTH AGENCIES (§§ 41-71-1 — 41-71-21) › Section 41-71-1 - Definitions

As used in this chapter, unless the context otherwise requires:
(a)
"Home health agency" means a public or privately owned agency or organization, or a subdivision of such an agency or organization, properly authorized to conduct business in Mississippi, which is primarily engaged in providing to individuals, at the written direction of a licensed physician, nurse practitioner, physician assistant or clinical nurse specialist, in the individual's place of residence, skilled nursing services provided by or under the supervision of a registered nurse licensed to practice in Mississippi, and one or more of the following services or items:
(i)
Physical, occupational or speech therapy;
(ii)
Medical social services;
(iii)
Part-time or intermittent services of a home health aide;
(iv)
Other services as approved by the licensing agency;
(v)
Medical supplies, other than drugs and biologicals, and the use of medical appliances; or
(vi)
Medical services provided by an intern or resident in training at a hospital under a teaching program of such hospital.
(b)
"Licensing agency" means the State Department of Health.
Laws, 1981, ch. 484, § 1; Laws, 1986, ch. 437, § 21, eff. 7/1/1986.
Amended by Laws, 2022, ch. 456, HB 657,§ 4, eff. 4/18/2022.
Retroactive application -
Section 6 of Laws, 2022, ch. 456, HB 657 provides: "The amendments to Sections 41-71-1 and 41-71-13 in this act are retroactive to May 8, 2020, and any action taken on or after May 8, 2020, by a home health agency, physician, nurse practitioner, physician assistant or clinical nurse specialist, or by any other person or entity with regard to a home health agency, physician, nurse practitioner, physician assistant or clinical nurse specialist, that would have been valid and lawful if those amendments had been in effect at the time that the action was ratified, approved and confirmed."
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 71 - HOME HEALTH AGENCIES (§§ 41-71-1 — 41-71-21) › Section 41-71-3 - License required to operate home health agency

No person or other legal entity acting alone or in concert with others, shall establish, conduct, or maintain a home health agency without securing a license under the provisions of this chapter.
Laws, 1981, ch. 484, § 2, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 71 - HOME HEALTH AGENCIES (§§ 41-71-1 — 41-71-21) › Section 41-71-5 - Application for license; fee

An application for a license shall be made to the licensing agency upon forms provided by the agency and shall contain such information as the agency shall require, which may include affirmative evidence of ability to comply with such reasonable standards, rules and regulations as are lawfully prescribed under this chapter. A license fee of One Thousand Dollars ($1,000.00), payable to the licensing agency, shall be submitted with each application. 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
.
Laws, 1981, ch. 484, § 3; Laws, 1986, ch. 500, § 24; Laws, 1998, ch. 433, § 2, eff. 7/1/1998.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 20, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 20, 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 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 71 - HOME HEALTH AGENCIES (§§ 41-71-1 — 41-71-21) › Section 41-71-7 - Terms and conditions of license; renewal

Upon receipt of an application for a license and the license fee, and a determination by the licensing agency that the application is in compliance with Section
41-7-173
et seq. and in compliance with the provisions of this chapter, such license shall be issued. A license, unless suspended or revoked, shall be renewable annually upon payment by the licensee of a renewal fee of One Thousand Dollars ($1,000.00) and upon approval by the licensing agency of an annual report, required to be submitted by the licensee, containing such information in such form and at such time as the licensing agency prescribes by rule or regulation. 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
. Each license shall be issued only for the home health agency 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 in the designated business office of the licensee. Each licensee shall designate, in writing, one (1) individual person as the responsible party for the conducting of the business of the home health agency with the licensing agency.
Laws, 1981, ch. 484, § 4; Laws, 1986, ch. 437, § 22; Laws, 1986, ch. 500, § 25; Laws, 1998, ch. 433, § 3, eff. 7/1/1998.
Reenacted by Laws, 2020, ch. 473, SB 2311,§ 21, eff. 7/1/2020.
Amended by Laws, 2016, ch. 510, HB 289, 21, 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 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 71 - HOME HEALTH AGENCIES (§§ 41-71-1 — 41-71-21) › Section 41-71-9 - Denial, suspension or revocation of license; notice and hearing; procedure; costs

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 the applicant or licensee has failed to comply with the requirements established by this chapter or the rules, regulations or standards promulgated in furtherance of this chapter. Such notice shall be given by registered mail, or by personal service, setting forth the particular reasons for the proposed action and fixing a date of not less than thirty (30) days from the date of such mailing or such personal 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-day period, appeals the decision to the chancery court pursuant to Section
41-71-11
. The procedure governing hearings shall be in accordance with rules and regulations 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
41-71-11
. 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, but any other party desiring a copy of the transcript shall pay therefor the reasonable cost of preparing the same.
Laws, 1981, ch. 484, § 5, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 71 - HOME HEALTH AGENCIES (§§ 41-71-1 — 41-71-21) › Section 41-71-11 - Appeal

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, file a notice of appeal in the chancery court of the First Judicial District of Hinds County, Mississippi, or the chancery court of the county in which the home health agency is located or to be located, and the chancery clerk 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 filing of such notice, certify to 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 under this section.
Laws, 1981, ch. 484, § 6; Laws, 1986, ch. 437, § 23, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 71 - HOME HEALTH AGENCIES (§§ 41-71-1 — 41-71-21) › Section 41-71-13 - Rules, regulations and standards

The licensing agency shall adopt, amend, promulgate and enforce rules, regulations and standards, including classifications, with respect to home health agencies licensed, or which may be licensed, to further the accomplishment of the purpose of this chapter in protecting and promoting the health, safety and welfare of the public by insuring adequate care of individuals receiving such services. Such rules, regulations and standards shall be adopted and promulgated by the licensing agency in accordance with the provisions of Section
25-43-1
et seq., and shall be recorded and indexed in a book to be maintained by the licensing agency in its office in the City of Jackson, Mississippi, entitled "Records of Rules, Regulations and Standards." The book shall be open and available to all home health agencies and the public generally at all reasonable times.
Such rules, regulations and standards shall authorize licensed physicians, nurse practitioners, physician assistants and clinical nurse specialists to prescribe or order home health services and plans of care, certify and recertify eligibility for home health services and conduct the required initial face-to-face visit with recipients of the services.
Laws, 1981, ch. 484, § 7, eff. 7/1/1981.
Amended by Laws, 2022, ch. 456, HB 657,§ 5, eff. 4/18/2022.
Retroactive application -
Section 6 of Laws, 2022, ch. 456, HB 657 provides: "The amendments to Sections 41-71-1 and 41-71-13 in this act are retroactive to May 8, 2020, and any action taken on or after May 8, 2020, by a home health agency, physician, nurse practitioner, physician assistant or clinical nurse specialist, or by any other person or entity with regard to a home health agency, physician, nurse practitioner, physician assistant or clinical nurse specialist, that would have been valid and lawful if those amendments had been in effect at the time that the action was ratified, approved and confirmed."
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 71 - HOME HEALTH AGENCIES (§§ 41-71-1 — 41-71-21) › Section 41-71-15 - Compliance by existing agencies

Any home health agency which is in operation on July 1, 1981, shall be given a reasonable time under the particular circumstances, not to exceed one (1) year from July 1, 1981, within which to comply with the provisions of this chapter and the rules, regulations and standards promulgated in furtherance of this chapter.
Laws, 1981, ch. 484, § 8, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 71 - HOME HEALTH AGENCIES (§§ 41-71-1 — 41-71-21) › Section 41-71-17 - Inspections and investigations

The licensing agency shall make or cause to be made such inspections and investigations as it deems necessary, including visitation of patients at their places of residence.
Laws, 1981, ch. 484, § 9, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 71 - HOME HEALTH AGENCIES (§§ 41-71-1 — 41-71-21) › Section 41-71-19 - Confidentiality of information

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 proceedings involving the question of licensure; however, the licensing agency may utilize statistical data concerning types of services and the utilization of those services for home health-care agencies in performing the statutory duties imposed upon it by Section
41-7-171
, et seq. and regulations necessarily promulgated for participation in the medicare or medicaid programs.
Laws, 1981, ch. 484, § 10; Laws, 1984, ch. 362, § 3, eff. 7/1/1984.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 71 - HOME HEALTH AGENCIES (§§ 41-71-1 — 41-71-21) › Section 41-71-21 - Penalty for violations; injunction

Any person or persons or other entity or entities establishing, managing or operating a home health agency or conducting the business of a home health agency without the required license, or which otherwise violate any of the provisions of this chapter or the rules, regulations or standards promulgated and established in furtherance of this chapter, shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day of a continuing violation shall be considered a separate offense. The licensing agency may seek injunctive relief in the event it deems such action necessary after consulting with the state attorney general.
Laws, 1981, ch. 484, § 11, eff. 7/1/1981.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-1 - Short title

This chapter shall be known and may be cited as the Mississippi Hospital Equipment and Facilities Authority Act.
Laws, 1983, ch. 493, § 1; Laws, 1986, ch. 392, § 1, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-3 - Legislative findings; declaration of public purpose

The Legislature hereby finds and declares that:
(1)
Delivery of quality health care in Mississippi has in recent years become increasingly dependent upon sophisticated equipment and adequate, modern facilities at a time when the acquisition and financing of such equipment and facilities by health-care providers has become increasingly expensive.
(2)
It is necessary that Mississippi hospitals be able to obtain the modern equipment and facilities needed to meet the needs of their medical staffs and to improve the quality of medical care provided to Mississippi citizens.
(3)
The increased costs of acquiring and financing modern equipment and facilities by Mississippi hospitals is necessarily passed to the patients receiving medical care from the hospitals, resulting in higher medical bills and increased health insurance premiums.
(4)
These increased costs discourage Mississippi citizens from obtaining necessary medical care.
(5)
The problems set forth above cannot be remedied solely through the operation of private enterprise or efforts by individual communities, but can be alleviated through the creation of a public body corporate and politic, separate and apart from the State of Mississippi, constituting a governmental instrumentality, to be known as the Mississippi Hospital Equipment and Facilities Authority, to encourage the investment of private capital in Mississippi hospitals through the use of public financing as provided in this act for the purpose of financing hospital equipment and hospital facilities at interest rates lower than those available in the conventional credit markets.
(6)
Alleviating the conditions and problems set forth above by the encouragement of private investment through a governmental body is a public purpose and use for which public money provided by the sale of revenue bonds may be borrowed, expended, advanced, loaned and granted and is hereby so declared to be such public purpose as a matter of express legislative determination. Such activities shall not be conducted for profit.
Laws, 1983, ch. 493, § 2; Laws, 1986, ch. 392, § 2, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-7 - Mississippi Hospital Equipment and Facilities Authority created; membership; appointment; qualifications

(1)
There is hereby created, with such duties and powers as are set forth in this act, a body politic and corporate, not a state agency, but an independent instrumentality exercising essential public functions, to be known as the Mississippi Hospital Equipment and Facilities Authority.
(2)
The authority shall be governed by seven (7) members who shall be appointed by the Governor with the advice and consent of the Senate.
(3)
The members shall at all times include the following:
(a)
One (1) resident of each of the three (3) Supreme Court districts in the state;
(b)
One (1) certified public accountant experienced in hospital finance;
(c)
One (1) possessing not less than ten (10) years' experience in hospital management and finance;
(d)
One (1) banker with experience in commercial lending or one (1) investment banker with experience in municipal finance;
(e)
One (1) chosen at large.
(4)
All members shall be residents of the state.
Laws, 1983, ch. 493, § 4; Laws, 1986, ch. 392, § 4, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-9 - Terms of members of authority; vacancies; removal; oath

Three (3) members shall be appointed for an initial term of one (1) year, two (2) members shall be appointed for an initial term of two (2) years, one (1) member shall be appointed for an initial term of three (3) years and one (1) member shall be appointed for an initial term of four (4) years. All subsequent appointments shall be for terms of four (4) years. Each member shall hold office for the term of his appointment and until his successor shall have been appointed and qualified. Vacancies shall be filled by appointment of the governor, subject to the advice and consent of the senate, for the length of the unexpired term only. Any member shall be eligible for reappointment. Any member may be removed from office for incompetency, neglect of duty, or malfeasance in office by the governor after reasonable notice and a public hearing unless the same are expressly waived in writing. Each member of the authority appointed by the governor shall, before entering upon his duty, take an oath of office to administer the duties of his office faithfully and competently, and a record of such oath shall be filed in the office of the secretary of state.
Laws, 1983, ch. 493, § 5, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-11 - Officers of authority; per diem and expenses of members

The chairman of the authority shall be elected from the members of the authority by the vote of all such members. The members shall also elect from among their number a vice-chairman and such other officers as they may determine. They shall receive no compensation for their services but shall receive reimbursement for actual and necessary expenses and per diem in accordance with Sections
25-3-41
and
25-3-69
, respectively.
Laws, 1983, ch. 493, § 6, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-13 - Quorum; vote required for action

The powers of the authority shall be vested in the members thereof. Four (4) members of the authority shall constitute a quorum for the transaction of business. The affirmative vote of at least four (4) members shall be necessary for any action to be taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all rights and perform all duties of the authority.
Laws, 1983, ch. 493, § 7, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-15 - Regular and called meetings

Regular meetings of the members of the authority shall be held as set forth in its rules and regulations. Additional meetings of the members of the authority shall be held at the call of the chairman or whenever any three (3) members so request.
Laws, 1983, ch. 493, § 8, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-17 - Executive director; duties; contracting for administrative services; payment; secretary; duties

The members of the authority may appoint an executive director and/or a secretary who shall be employees of the authority, but not members thereof, and who shall serve at the pleasure of the members and receive such compensation as shall be fixed by the members. The executive director, if appointed, shall attend the meetings of the members of the authority and shall administer, manage and direct the affairs and activities of the authority in accordance with the policies and under the control and direction of the members. The executive director shall approve all accounts for salaries, allowable expenses of the authority or of any employee or consultant thereof, and expenses incidental to the operation of the authority. He shall perform such other duties as may be directed by the members in carrying out the purposes of this chapter. The practices and procedures regarding administrative functions and responsibilities of the authority shall be subject to the approval and review of the director of the state bond advisory division of the governor's office. In lieu of or in addition to the appointment of an executive director, the authority may contract with the state bond advisory division of the governor's office to carry out in whole or in part the administrative functions and responsibilities of the authority, but may only pay the actual expenses incurred by such division in performing such functions and responsibilities. The expenses incurred by the authority in contracting for such administrative functions and responsibilities shall be paid by the authority as a qualified cost pursuant to Section
41-73-5(d)(vii)
.
The secretary shall attend the meetings of the members of the authority, shall keep a record of the proceedings of the authority, and shall maintain and be custodian of all books, documents and papers filed with the authority, the minute book or journal of the authority, and its official seal. He may cause copies to be made of all minutes and other records and documents of the authority and may give certificates under seal of the authority to the effect that such copies are true copies, and all persons dealing with the authority may rely upon such certificates. If an executive director and/or secretary are not appointed, the members of the authority may designate from among themselves or the authority's employees the person or persons responsible for carrying out the duties set out in this section.
Laws, 1983, ch. 493, § 9, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-19 - Additional officers, agents or employees

The authority may employ legal counsel, technical experts and such other officers, agents and employees, permanent or temporary, as it deems necessary to carry out the efficient operation of the authority, and shall determine their qualifications, duties, compensation and terms of office. The members may delegate to one or more agents or employees of the authority such administrative duties as they deem proper.
Laws, 1983, ch. 493, § 10, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-21 - Conflict of interest of member, employee or agent; disclosure required; effect of disclosure

Any member, employee or agent of the authority who has, will have, or later acquires an interest, direct or indirect, in any transaction with the authority shall immediately disclose the nature and extent of such interest in writing to the authority as soon as he has knowledge of such actual or prospective interest. Such disclosure shall be entered upon the minutes of the authority. Upon such disclosure such member, employee or agent shall not participate in any action by the authority authorizing such transaction.
Laws, 1983, ch. 493, § 11, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-23 - State office or position not forfeited by virtue of authority membership or service

Notwithstanding the provisions of any other law, no officer or employee of the state shall be deemed to have forfeited or shall forfeit his office or employment by reason of his acceptance of membership in the authority or by reason of his providing services to such authority.
Laws, 1983, ch. 493, § 12, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-25 - Surety bonds of members and executive director; blanket bond authorized; conditions of bonds; costs

Before the issuance of any bonds pursuant to this chapter, each member of the authority and the executive director, if one shall have been appointed, shall execute a surety bond in the sum of Fifty Thousand Dollars ($50,000.00) issued by a surety company licensed to do business in the state. To the extent any member of the authority is already covered by a bond required by state law, such member need not obtain another bond so long as the bond required by the state law is in at least the sum specified in this section and covers the member's activities for the authority. In lieu of such bonds, the chairman of the authority may execute a blanket surety bond covering each member and the executive director of the authority. Each surety bond shall be conditioned upon the faithful performance of the duties of the office of the member or executive director and shall be issued by a surety company authorized to transact business in the state as surety. At all times after the issuance of any surety bonds, each member and executive director shall maintain such surety bonds in full force and effect. All costs of the surety bonds shall be borne by the authority.
Laws, 1983, ch. 493, § 13, eff. 4/11/1983.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-29 - Duties of authority

The authority shall have the following duties:
(1)
To invest any funds not needed for immediate disbursement, including any funds held in reserve, in one or more of the following:
(a)
Obligations of any municipality or the state or the United States of America;
(b)
Obligations the principal and interest of which are guaranteed by the state or the United States of America;
(c)
Obligations of any corporation wholly owned by the United States of America;
(d)
Obligations of any corporation sponsored by the United States of America which are or may become eligible as collateral for advances to member banks as determined by the Board of Governors of the Federal Reserve System;
(e)
Certificates or any other evidence of ownership interest in obligations of or obligations unconditionally guaranteed by the United States of America or in specified portions thereof, which may consist of the principal thereof or the interest thereon;
(f)
Certificates of deposit or time deposits of qualified depositories of the state as approved by the State Depository Commission, secured in such manner, if any, as the authority shall determine;
(g)
Contracts for the purchase and sale of obligations of the type specified in items (a) through (e) above;
(h)
Repurchase agreements secured by obligations specified in items (a) through (e) above; or
(i)
Money market funds, the assets of which are required to be invested in obligations specified in items (a) through (f) above;
(j)
Any investments authorized for the investment of funds of certain hospitals pursuant to Section
27-105-365
.
(2)
To fix, revise from time to time, charge and collect fees and other charges, as the authority determines to be reasonable, in connection with its loans, leases, sales, advances, insurance, commitments and servicing;
(3)
To cooperate with and exchange services, personnel and information with any federal, state or local governmental agency;
(4)
To sell, at public or private sale, with or without public bidding, any loan or other obligation held by the authority;
(5)
To adopt rules and regulations which enhance the probability that hospital institutions will use for such purposes all bond proceeds which are available to finance hospital equipment and hospital facilities; and
(6)
To do any act necessary or convenient to the exercise of the powers granted by this chapter or reasonably implied from it.
Laws, 1983, ch. 493, § 15; Laws, 1984, ch. 302, § 1; Laws, 1986, ch. 392, § 6; Laws, 2001, ch. 324, § 1, eff. 3/5/2001.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-33 - Security requirements with respect to hospital equipment or hospital facilities lease, installment purchase contract, or loan agreement

The authority shall require that each participating hospital institution agree to maintain rates sufficient to assure that timely payments are made on any lease, installment purchase contract or loan agreement entered into pursuant to this act and may require any other type of security from the participating hospital institution that it deems reasonable and necessary. In addition, the authority may require that should there be a deficit in the funds necessary to pay any expenses incurred by the authority in connection with the delivery of the bonds, the hospital institutions receiving funds from such bond issue shall provide the necessary funds to make up for such deficit on a pro rata basis as determined by the authority.
Laws, 1983, ch. 493, § 17; Laws, 1984, ch. 302, § 2; Laws, 1986, ch. 392, § 8, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-35 - Authority may issue bonds; purposes; authorization; issuance

The authority is hereby authorized to issue, sell and deliver its bonds in accordance with the terms of this act, for any of its corporate purposes.
Bonds shall be authorized by a resolution or resolutions of the authority adopted as provided by this act; provided, that any such resolution authorizing the issuance of bonds may delegate to an officer or officers of the authority the power to issue such bonds from time to time and to fix the details of any such issues of bonds by an appropriate certificate of such authorized officer.
Laws, 1983, ch. 493, § 18; Laws, 1986, ch. 392, § 9, eff. 7/1/1986.
Mississippi Code 1972 (2023) › Title 41 - PUBLIC HEALTH (§§ 41-1-1 — 41-149-NEW-003) › Chapter 73 - HOSPITAL EQUIPMENT AND FACILITIES AUTHORITY ACT (§§ 41-73-1 — 41-73-75) › Section 41-73-39 - Disposition of proceeds; administrative expenses

The proceeds of the bonds of each issue shall be used for the payment of all or part of the cost of or for the making of a loan in the amount of all or part of the cost of the hospital equipment or the hospital facilities for which such bonds have been authorized or for the refunding of outstanding bonds of the authority and, at the option of the authority, for the deposit into a reserve fund or reserve funds for the bonds; provided that the authority shall be paid an amount of money equal to all of the authority's out-of-pocket expenses and costs in connection with the issuance, sale and delivery of such bonds including, without limitation, all financing, legal (including bond and underwriter's counsel), accounting, financial, advisory, blue sky, printing and other expenses and costs in issuing such bonds, including also initial fees paid to the trustee of the bond issue and to any party servicing the leases, installment purchase contracts and loan agreements for the authority, and the costs of obtaining insurance, guarantees and letters of credit securing payment of the bonds and the lease, loan and installment purchase payments, plus an amount of money equal to the compensation paid to any employee of the authority for the time such employee has spent on activities relating to the issuance, sale and delivery of such bonds, utilizing therefor money from the proceeds of the sale and delivery of bonds issued in accordance with this act. Bond proceeds shall be disbursed in such manner and under such restrictions, if any, as may be determined by the authority.
Laws, 1983, ch. 493, § 20; Laws, 1986, ch. 392, § 11, eff. 7/1/1986.