reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 2 - DEFINITIONS › Rule 15-16-1-48.2.9 - Mantoux Test

Current through June 25, 2024
A method of skin testing that is performed by injecting
						one-tenth (0.1) milliliter of purified protein derivative-tuberculin containing
						five (5) tuberculin units into the dermis (i.e., the second layer of skin) of
						the forearm with a needle and syringe. The area is examined between 48 and 72
						hours after the injection. A reaction is measured according to the size of the
						induration. The classification of a reaction as positive or negative depends on
						the patient's medical history and various risk factors (see definition for
						"significant tuberculin skin test"). This test is used to evaluate the
						likelihood that a person is infected with
M. tuberculosis
. The
						Mantoux tuberculin skin test (TST) should be administered only by persons
						certified in the intradermal technique.
Miss.
						Code Ann. §
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 2 - DEFINITIONS › Rule 15-16-1-48.2.10 - Medication Assistance

Current through June 25, 2024
For the purposes of these regulations, the term
						"medication assistance" is any form of delivering medication which has been
						prescribed which is not defined as "medication administration" including, but
						not limited to, the physical act of handing an oral prescription medication to
						the patient along with liquids to assist the patient in
						swallowing.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 2 - DEFINITIONS › Rule 15-16-1-48.2.11 - Personal Care

Current through June 25, 2024
The term "personal care" shall mean the assistance
						rendered by personnel of the licensed facility to residents in performing one
						or more of the activities of daily living, including but not limited to
						bathing, walking, excretory functions, feeding, personal grooming, and
						dressing.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 2 - DEFINITIONS › Rule 15-16-1-48.2.12 - Significant Tuberculin Skin Test

Current through June 25, 2024
An induration of five (5) millimeters or greater is
						significant (or positive) in the following:
1. Persons known to have or suspected of
					 having human immunodeficiency virus (HIV).
2. Close contacts of a person with infectious
					 tuberculosis (TB).
3. Persons who
					 have a chest radiograph suggestive of previous TB.
4. Persons who inject drugs (if HIV status is
					 unknown).
5. An induration of ten
					 (10) millimeters or greater is significant (or positive) in all other persons
					 tested in Mississippi. A TST is recorded in millimeters of induration. For
					 accurate results, measure the widest diameter of the palpable induration
					 transverse (across) the arm.
Miss.
						Code Ann. §
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 2 - DEFINITIONS › Rule 15-16-1-48.2.13 - Residential Living

Current through June 25, 2024
The term "residential living" shall mean the provision of
						services to individuals who require personal care services or individuals, who
						due to functional impairments, may require mental health
						services.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 2 - DEFINITIONS › Rule 15-16-1-48.2.14 - Surveyor

Current through June 25, 2024
The term "surveyor" shall mean an individual employed, or
						hired on a contractual basis, by the licensing agency for the purpose of
						conducting surveys, inspections, investigations, or other related functions as
						part of the licensing agency's responsibilities for licensure and regulation of
						institutions for the aged and infirm.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 2 - DEFINITIONS › Rule 15-16-1-48.2.15 - Two-step Testing

Current through June 25, 2024
A procedure used for the baseline testing of person who
						will periodically receive TSTs (e.g., health care workers) to reduce the
						likelihood of mistaking a boosted reaction for a new infection. If the initial
						TST result is classified as negative, a second test is repeated one (1) to
						three (3) weeks later. If the reaction to the second test is positive, it
						probably represents a boosted reaction. If the second test is also negative,
						the person is classified as not infected. A positive reaction to a subsequent
						test would indicate new infection (i.e., a skin-test conversion) in the
						person.
Miss.
						Code Ann. §
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 3 - PROCEDURE GOVERNING ADOPTION AND AMENDMENT › Rule 15-16-1-48.3.1 - Authority

Current through June 25, 2024
The licensing agency shall have the power to adopt,
						amend, promulgate and enforce such rules, regulations and minimum standards as
						it deems appropriate, within the law.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 4 - INSPECTION › Rule 15-16-1-48.4.1 - Inspections Required

Current through June 25, 2024
Each licensed facility shall be inspected by the
						licensing agency or by persons delegated with authority by said licensing
						agency at such intervals as the licensing agency may direct. The licensing
						agency and/or its authorized representatives shall have the right to inspect
						construction work in progress. New facilities shall not be licensed without
						having first been inspected for compliance with these rules, regulations, and
						minimum standards.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 5 - CLASSIFICATION › Rule 15-16-1-48.5.1 - Personal Care Home - Residential Living

Current through June 25, 2024
The terms "Personal Care Home - Residential Living" and
						"Residential Personal Care Home" shall mean any place or facility operating 24
						hours a day, seven (7) days a week, accepting individuals who require personal
						care services or individuals, who due to functional impairments, may require
						mental health services to compensate for activities of daily
						living.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 5 - CLASSIFICATION › Rule 15-16-1-48.5.2 - Personal Care Home - Assisted Living

Current through June 25, 2024
The terms "Personal Care Home - Assisted Living" and
						"Assisted Living Personal Care Home" shall mean any place or facility operating
						24 hours a day, seven (7) days a week, accepting individuals who require
						assisted living services as governed by the regulations
						herein.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 6 - TYPES OF LICENSE › Rule 15-16-1-48.6.1 - Regular License

Current through June 25, 2024
A license shall be issued to each facility that meets the
						requirements as set forth in these regulations.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 6 - TYPES OF LICENSE › Rule 15-16-1-48.6.2 - Provisional License

Current through June 25, 2024
Within its discretion, the licensing agency may be issued
						only if the licensing agency is satisfied that preparations are being made to
						qualify for regular license and that the health and safety of residents will
						not be endangered.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 7 - APPLICATION OR RENEWAL OF LICENSE › Rule 15-16-1-48.7.1 - Application

Current through June 25, 2024
Application for a license or renewal of a license shall
						be made in writing to the licensing agency, on forms provided by the licensing
						agency, which shall contain such information as the licensing agency may
						require.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 7 - APPLICATION OR RENEWAL OF LICENSE › Rule 15-16-1-48.7.2 - Fees

Current through June 25, 2024
1. Each application for initial licensure
					 shall be accompanied by an initial application fee of one hundred dollars
					 ($100.00), and a fee of Fifteen Dollars ($15.00) per bed in check or money
					 order made payable to the licensing agency. The fees are not
					 refundable.
2. Each application for
					 renewal of licensure shall be accompanied by a renewal fee of Fifteen Dollars
					 ($15.00) per bed in check or money order made payable to the licensing
					 agency.
3. Applicants for initial
					 licensure, or licensees, shall pay a User Fee to the licensing agency when it
					 is required to review and/or inspect the proposal of any Licensed facility in
					 which there are additions, renovations, modernizations, expansions,
					 alterations, conversions, modifications, or replacements. Said fee shall be
					 assessed at the rate of Fifty Dollars ($50.00) per hour or part thereof, not to
					 exceed Five Thousand Dollars ($5,000.00).
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 7 - APPLICATION OR RENEWAL OF LICENSE › Rule 15-16-1-48.7.3 - Name of Facility

Current through June 25, 2024
Only the official name, as approved by the licensing
						agency and by which the facility is licensed shall be used in telephone
						listing, on stationery, in advertising, etc.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 7 - APPLICATION OR RENEWAL OF LICENSE › Rule 15-16-1-48.7.4 - Number of Beds

Current through June 25, 2024
The maximum number of beds for which the facility is
						licensed shall not be exceeded.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 8 - LICENSING › Rule 15-16-1-48.8.1 - Issuance of License

Current through June 25, 2024
All licenses issued by the licensing agency shall set
						forth the name of the facility, the location, the name of the licensee, the
						classification of the facility, the type of building, the bed capacity for
						which the facility is licensed and the licensed number.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 8 - LICENSING › Rule 15-16-1-48.8.2 - Posting of License

Current through June 25, 2024
The license shall be posted in a conspicuous place on the
						licensed premises and shall be available for review by an interested
						person.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 8 - LICENSING › Rule 15-16-1-48.8.3 - License Not Transferable

Current through June 25, 2024
The license is not transferable or assignable to any
						other person except by written approval of the licensing
						agency.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 8 - LICENSING › Rule 15-16-1-48.8.4 - Expiration of License

Current through June 25, 2024
Each license shall expire on March 31, following the date
						of issuance.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 8 - LICENSING › Rule 15-16-1-48.8.5 - Renewal of License

Current through June 25, 2024
License shall be renewable annually upon:
1. Filing and approval of an application for
					 renewal by the licensee.
2.
					 Submission of appropriate licensure renewal fee.
3. Maintenance by the licensed facility of
					 minimum standards in its physical facility, staff, services, and operation as
					 set forth in these regulations.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 9 - DENIAL, SUSPENSION, OR REVOCATION OF LICENSE › Rule 15-16-1-48.9.1 - Denial or Revocation of License: Hearings and Review

Current through June 25, 2024
The licensing agency, after notice and opportunity for a
						hearing to the applicant, owner, or licensee, is authorized to deny, suspend,
						or revoke a license, or deny renewal of a license, in any case in which it
						finds that there has been a substantial failure to comply with the requirements
						established under the law and these regulations. Also, the following shall be
						grounds for denial, suspension, or revocation of license:
1. Fraud on the part of the applicant,
					 licensee, owner, operator, director, or administrator in applying for a
					 license, or renewal of license.
2.
					 Willful or repeated violations by the licensee of any of the provisions of
					 Miss. Code Ann. §
											43-11-1 et seq, and/or of the
					 rules, regulations, and minimum standards established by the licensing
					 agency.
3. Use of controlled
					 substances not prescribed by a licensed healthcare professional by the
					 licensee, other employees, or personnel of the licensed facility while on the
					 facility premises during hours of operation.
4. Use of alcoholic beverages by the licensee
					 or other personnel of the licensed facility to the extent which threatens the
					 well-being or safety of the residents.
5. Conviction of the licensee, owner,
					 operator, director, or administrator of a felony or any crime involving abuse,
					 neglect, or exploitation of a vulnerable person as defined in Miss. Code Ann.
					 §
											43-47-1 or any other conviction
					 for a crime of violence as defined in Miss. Code Ann. §
											97-3-2.
6. Publicly misrepresenting the licensed
					 facility and/or its services.
7.
					 Conducting, permitting, aiding, or abetting the commission of any unlawful
					 act.
8. Conduct or practices
					 detrimental to the health or safety of residents and employees of said licensed
					 facility. Detrimental practices include but are not limited to:
A. Cruelty to a resident or indifference to
					 the needs which are essential to the general well-being and health.
B. Misappropriation of the money or property
					 of a resident.
C. Identity
					 theft.
D. Failure to provide food
					 adequate for the needs of a resident.
E. Inadequate staff to provide safe care and
					 supervision of a resident.
F.
					 Failure to notify a physician, physician's assistant, or nurse practitioner and
					 resident's responsible party/next of kin in a timely manner, of any changes in
					 resident's condition or status, including those which require transfer or
					 discharge.
G. Admission or
					 continued stay of a resident whose condition demands care beyond the level of
					 care provided by the licensed facility as determined by its
					 classification.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 9 - DENIAL, SUSPENSION, OR REVOCATION OF LICENSE › Rule 15-16-1-48.9.2 - Immediate Revocation of License

Current through June 25, 2024
Pursuant to Miss. Code Ann. §
											41-3-15, the Mississippi State
						Department of Health (MSDH) is authorized and empowered, to revoke,
						immediately, the license and require closure of any institution for the aged or
						infirm, including any other remedy less than closure to protect the health and
						safety of the residents of said institution or the health and safety of the
						general public.
Miss.
						Code Ann. §
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 10 - PROVISION FOR HEARING AND APPEAL FOLLOWING DENIAL OR REVOCATION OF LICENSE; PENALTIES › Rule 15-16-1-48.10.1 - Administrative Decision

Current through June 25, 2024
The licensing agency will provide an opportunity for a
						fair hearing to every applicant or licensee who is dissatisfied with
						administrative decisions made in the denial or revocation of license.
1. The licensing agency shall notify the
					 applicant or licensee the particular reasons for the proposed denial or
					 revocation of license by registered/certified mail or personal service to the
					 last known address provided by the licensee to the licensing agency.
2. Upon written request of applicant or
					 licensee within 10days of the date of notification, the licensing agency shall
					 fix a date not less than 30 days from the date of such service at which time
					 the applicant or licensee shall be given an opportunity for a prompt and fair
					 hearing.
3. On the basis of 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/certified mail to
					 the last known address of the applicant or licensee.
4. The decision revoking, suspending, or
					 denying the application or license shall become final 30 days after it is so
					 mailed or served unless the applicant or licensee, within such 30-day period,
					 appeals the decision in Chancery Court pursuant to Miss. Code Ann. §
											43-11-23. An additional period of
					 time may be granted at the discretion of the licensing agency.
5. An applicant, licensee, owner, operator,
					 director, administrator, or affiliate of whose application or license has been
					 denied, suspended, revoked, or renewal denied may not apply for a license for
					 five (5) years after the license is terminated. After the 5-year period, the
					 applicant must petition the licensing agency in writing for reapplication
					 approval. The facility shall not use subterfuge or other evasive means to
					 obtain a license, such as applying for license through a second party when a
					 licensee or applicant has been denied, suspended, revoked, or denied renewal.
					 Doing so shall constitute prima facie evidence of fraud and will result in
					 denial of the application/license.
6. The 5-year period referenced above shall
					 begin on the date of the MSDH's or the Administrative Hearing Officer's
					 decision to revoke or deny the application or license.
7. The licensing agency will keep a list of
					 revoked licenses and dates when eligible for reapplication.
Miss.
						Code Ann. §
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 10 - PROVISION FOR HEARING AND APPEAL FOLLOWING DENIAL OR REVOCATION OF LICENSE; PENALTIES › Rule 15-16-1-48.10.2 - Penalties

Current through June 25, 2024
Any person establishing, conducting, managing, or
						operating facility without a license shall be declared in violation of these
						regulations and may be punished as set forth in the enabling statute. Further,
						any person who violates any provision of the enabling statute, or of these
						regulations promulgated thereto shall, upon conviction thereof, be guilty of a
						misdemeanor. Such misdemeanor shall, upon conviction, be punishable as
						referenced in Section
						43-11-25 of
						the Mississippi Code of 1972, Annotated.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 10 - PROVISION FOR HEARING AND APPEAL FOLLOWING DENIAL OR REVOCATION OF LICENSE; PENALTIES › Rule 15-16-1-48.10.3 - Ban on Admissions

Current through June 25, 2024
If a condition of immediate jeopardy exists at a
						licensed facility, written notice of the determination of the condition shall
						be provided by the licensing agency to the licensed facility, along with the
						notification that a ban on all admissions is to be imposed five (5) calendar
						days after the receipt of the notice by the licensed facility. If the licensing
						agency's determination of a condition of immediate jeopardy on the day of the
						licensure visit/survey is confirmed, a ban on all admissions shall be imposed
						until the licensed facility achieves compliance and such compliance is verified
						by the licensing agency. The licensing agency will verify the licensed
						facility's corrective actions as soon as possible after the licensing agency
						receives a plan of correction from the licensed facility.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 11 - ADMINISTRATION › Rule 15-16-1-48.11.1 - Operator

Current through June 25, 2024
There shall be a full-time employee designated as
						operator of the licensed facility who shall be responsible for the management
						of the licensed facility. The operator shall be at least twenty-one years of
						age and shall be a high school graduate, or have passed the GED, and shall not
						be a resident of the licensed facility. The operator shall have verification
						that he is not listed on the "Mississippi Nurses Aide Abuse Registry." When the
						operator is not within the licensed facility, there shall be an individual
						onsite at the licensed facility who shall represent the operator, and be
						capable of assuming the responsibility of operator. Said person must be at
						least twenty-one years or age and shall be a high school graduate, or have
						passed the GED, and shall have verification that he is not listed on the
						"Mississippi Nurses Aide Abuse Registry."
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 11 - ADMINISTRATION › Rule 15-16-1-48.11.2 - Operator Mentoring

Current through June 25, 2024
Operators shall be scheduled to spend two (2) concurrent
						days with the licensing agency for the purpose of training and mentoring.
						Placement of an operator with the licensing agency may include, but not be
						limited to, assignments within the licensing agency's central offices or
						placement with a survey team. Any costs associated with placements for the
						purposes of this section shall be borne by the licensed facility at which the
						operator is employed. The operator shall keep confidential and not disclose to
						any other persons any identifying information about any person or entity that
						he/she learned while observing operations as required by this section, except
						as otherwise mandated by law.
1. This
					 section shall apply to operators who:
2. have been employed by a licensed facility
					 for less than six (6) months, during which time the placement must be
					 completed.
3. This section shall
					 not apply to operators who:
4. have
					 previously participated in a placement as required by this section or
5. who were previously employed by the
					 licensing agency in a surveyor capacity.
6. Failure to successfully complete the
					 placement required under this section shall disqualify the operator from
					 serving in such capacity of a licensed facility until a placement is
					 completed.
7. This section shall go
					 into effect January 1, 2002, and thereafter.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 11 - ADMINISTRATION › Rule 15-16-1-48.11.3 - Surveyor Mentoring

Current through June 25, 2024
Surveyors shall be scheduled to spend two (2) concurrent
						days with a licensed facility for the purpose of training and mentoring.
						Selection of a licensed facility for placement of the surveyor shall be done at
						the discretion of the licensing agency, except no licensed facility shall be
						required to accept more than two (2) placements in any calendar year. Upon
						completion of said training, the surveyor shall not participate in a survey of
						the same licensed facility for a period not to exceed one year from the date of
						training placement. Any costs associated with the placement of a surveyor for
						the purposes of this section shall be borne by the licensing agency. The
						surveyor shall keep confidential and not disclose to any other persons any
						identifying information about any person or entity that the surveyor learned
						while observing operations as required by this section, except as otherwise
						mandated by law. This section shall apply to surveyors who have been employed
						by the licensing agency in a surveyor capacity for less than six (6) months,
						during which time the placement must be completed.
1. This section shall not apply to surveyors
					 who were previously employed by a licensed facility.
2. Failure to successfully complete the
					 placement required under this section shall disqualify the surveyor from
					 serving in such capacity for the licensing agency until a placement is
					 completed.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 11 - ADMINISTRATION › Rule 15-16-1-48.11.4 - Other Personnel

Current through June 25, 2024
All direct care employees shall be a minimum of 18 years
						of age, and shall have verification that they are not listed on the
						"Mississippi Nurses Aide Abuse Registry." Personnel shall receive training on a
						quarterly basis on topics and issues related to the population being served in
						the licensed facility. Training shall be documented by a narrative of the
						content and signatures of those attending. Personnel shall be employed and on
						duty, awake, and fully dressed to provide personal care to the residents. The
						following staffing ratio shall apply:
1. one (1) resident attendant per fifteen
					 (15) or fewer residents for the hours of 7:00 a.m. until 7:00 p.m.
2. one (1) resident attendant per twenty-five
					 (25) or fewer residents for the hours of 7:00 p.m. until 7:00 a.m.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 11 - ADMINISTRATION › Rule 15-16-1-48.11.5 - Criminal History Record Checks

Current through June 25, 2024
1. Pursuant to
					 Section §
											43-11-13,
					 Mississippi Code of 1972, the covered entity shall require to be performed a
					 disciplinary check with the professional licensing agency, if any, for each
					 employee to determine if any disciplinary action has been taken against the
					 employee by the agency, and a criminal history check on:
a. Every new employee of a covered entity who
					 provides direct patient care or services and who is employed after or on July
					 01, 2003, and
b. Every employee of
					 a covered entity employed prior to July 01, 2003, who has documented
					 disciplinary action by his or her present employer.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 11 - ADMINISTRATION › Rule 15-16-1-48.11.6 - Employee's Health Status

Current through June 25, 2024
All licensed facility personnel shall receive a health
						screening by a licensed physician, a nurse practitioner/physician assistant, or
						a registered nurse prior to employment and annually thereafter. Records of this
						health screening shall be kept on file in the licensed
						facility.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 11 - ADMINISTRATION › Rule 15-16-1-48.11.7 - Employee Testing for Tuberculosis

Current through June 25, 2024
1. Each
					 employee, upon employment by a licensed entity and prior to contact with any
					 resident, shall be evaluated for tuberculosis by one (1) of the following
					 methods:
A. IGRA (blood test) and an
					 evaluation of the employee for signs and symptoms of TB by a licensed
					 physician, physician's assistant, nurse practitioner, or registered nurse;
					 or
B. A two-step TST administered
					 and read by certified personnel and an evaluation of the employee for signs and
					 symptoms of TB by a licensed physician, physician's assistant, nurse
					 practitioner or registered nurse.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 11 - ADMINISTRATION › Rule 15-16-1-48.11.8 - Admission Agreement

Current through June 25, 2024
Prior to, or at the time of admission, the operator and
						the resident or the resident's responsible party shall execute in writing a
						financial agreement. This agreement shall be prepared and signed in two or more
						copies, one copy given to the resident or his/her responsible party, and one
						copy placed on file in the licensed facility.
1. As a minimum, this agreement shall contain
					 specifically:
a. Basic charges agreed upon
					 (room, board, laundry, and personal care).
b. Period to be covered in the
					 charges.
c. Services for which
					 special charges are made.
d.
					 Agreement regarding refunds for any payments made in advance.
e. A statement that the operator shall make
					 the resident's responsible party aware, in a timely manner, of any changes in
					 resident's status, including those which require transfer and discharge; or
					 operators who have been designated as a resident's responsible party shall
					 ensure prompt and efficient action to meet resident's needs.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 11 - ADMINISTRATION › Rule 15-16-1-48.11.9 - Records and Reports

Current through June 25, 2024
1. The operator
					 shall maintain a record of the residents for whom he or she serves as the
					 conservator or a representative payee. This record shall include evidence of
					 the means by which the conservatorship or representative payee relationship was
					 established and evidence of separate accounts in a bank for each resident whose
					 conservator or representative payee is the operator of the licensed
					 facility.
2. Inspection reports
					 from the licensing agency, any branch or division thereof by the operator in
					 the licensed facility, and submitted to the licensing agency as required, or
					 when requested.
3. Resident records
					 shall contain the following:
a. Admission
					 agreement(s) and financial statements.
b. Residents' rights and licensed facility's
					 rules, signed, dated, and witnessed.
c. Medical evaluation and referral from
					 physician or nurse practitioner/physician assistant.
d. Current medication record, including any
					 reactions to such medication.
e.
					 Social services and activity contacts.
f. General information form.
g. Representative payee statement, if
					 applicable.
h. Physician orders or
					 nurse practitioner/physician assistant orders (including, but not limited to,
					 therapies, diets, medications, etc.) and medication administration
					 records.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 11 - ADMINISTRATION › Rule 15-16-1-48.11.10 - Licensed Facility Policies

Current through June 25, 2024
Written policies shall be available which indicate
						services to be provided, and which include policies regarding admission,
						transfer and discharge of residents.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 11 - ADMINISTRATION › Rule 15-16-1-48.11.11 - Residents' Rights

Current through June 25, 2024
These rights and licensed facility rules must be in
						writing and be made available to all residents, employees, sponsors, and posted
						for public viewing. Each resident shall:
1. Have the right to attend religious and
					 other activities of his/her choice.
2. Have the right to manage his/her personal
					 financial affairs, or is given at least a quarterly accounting of financial
					 transactions made on his/her behalf should the facility accept the written
					 delegation from the resident or from his/her responsible party of this
					 responsibility to the facility for any period of time in conformance with State
					 law.
3. Not be required to perform
					 services for the licensed facility.
4. Have the right to communicate with persons
					 of his/her choice, and may receive mail unopened or in compliance with the
					 policies of the home.
5. Be treated
					 with consideration, kindness, respect, and full recognition of his/her dignity
					 and individually.
6. May retain and
					 use personal clothing and possessions as space permits.
7. May voice grievances and recommend changes
					 in licensed facility policies and services.
8. Shall not be confined to the licensed
					 facility against his/her will, and shall be allowed to move about in the
					 community at liberty. Physical and/or chemical restraints are
					 prohibited.
9. Not be limited in
					 his/her choice of a pharmacy or pharmacist provider in accordance with State
					 law.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 12 - MEDICAL AND PERSONAL CARE SERVICES › Rule 15-16-1-48.12.1 - Admission and Discharge

Current through June 25, 2024
The following criteria must be applied and maintained
						for resident placement in a licensed facility.
1. A person shall not be admitted or continue
					 to reside in a licensed facility if the person:
a. Is not ambulatory;
b. Requires physical restraints;
c. Poses a serious threat to himself or
					 herself or others;
d. Requires
					 nasopharyngeal and/or tracheotomy suctioning;
e. Requires gastric feedings;
f. Requires intravenous fluids, medications,
					 or feedings;
g. Requires a
					 indwelling urinary catheter;
h.
					 Requires sterile wound care; or
i.
					 Requires treatment of decubitus ulcer or exfoliative dermatitis.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 12 - MEDICAL AND PERSONAL CARE SERVICES › Rule 15-16-1-48.12.2 - Medical Evaluation

Current through June 25, 2024
Each person applying for admission to a licensed
						facility shall be given a thorough examination by a licensed physician or
						certified nurse practitioner/physician assistant within thirty (30) days prior
						to admission. The examination shall indicate the appropriateness of admission,
						according to the above criteria, to a licensed facility with an annual update
						by a physician and/or nurse practitioner/physician assistant.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 12 - MEDICAL AND PERSONAL CARE SERVICES › Rule 15-16-1-48.12.3 - Resident Admission Requirements to Rule Out Active Tuberculosis

Current through June 25, 2024
1. The following are to be performed and
					 documented within 30 days prior to the resident's admission to the licensed
					 facility:
A. A TB signs and symptoms
					 assessment by a licensed physician, physician's assistant, or nurse
					 practitioner; and
B. A chest x-ray
					 taken and have a written interpretation.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 12 - MEDICAL AND PERSONAL CARE SERVICES › Rule 15-16-1-48.12.4

Current through June 25, 2024
Transfer to another facility or return of a
						resident to respite care
shall be based on the above tests (Rule
						48.12.3 ) if done within the past
						12 months and the resident has no signs and symptoms of TB.
Miss.
						Code Ann. §
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 12 - MEDICAL AND PERSONAL CARE SERVICES › Rule 15-16-1-48.12.5 - Disease Prevention

Current through June 25, 2024
By September 1 
						st of each year and in accordance
						with the latest recommendations of the Advisory Committee on Immunization
						Practices of the Centers for Disease Control and Prevention, each Personal Care
						Home, both Assisted Living and Residential, shall provide residents educational
						information on Influenza disease. This educational information shall include,
						but need not be limited to, the risks associated with influenza disease, the
						availability, effectiveness and known contraindications of the influenza
						immunization, causes and symptoms of influenza and the means by which influenza
						is spread. (All information is free and available from the CDC website).
						Nothing in this provision shall require any Residential or Assisted Living
						Facility to provide or pay for any vaccination against influenza.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 12 - MEDICAL AND PERSONAL CARE SERVICES › Rule 15-16-1-48.12.6 - Transfer to a Hospital or Visit to a Physician Office

Current through June 25, 2024
If a resident has signs or symptoms of active TB (i.e.,
						is a TB suspect) the facility shall notify the MSDH, the hospital, transporting
						staff and the physician's office prior to transferring the resident to a
						hospital. Appropriate isolation and evaluation shall be the responsibility of
						the hospital and physician. If a resident has or is suspected to have active
						TB, prior written approval for admission or readmission to the facility is
						required from the MSDH TB State Medical Consultant.
Miss.
						Code Ann. §
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 13 - FOOD SERVICE › Rule 15-16-1-48.13.1 - Meals

Current through June 25, 2024
The licensed facility shall provide residents with
						well-planned, attractive, and satisfying meals at least three (3) times daily,
						seven (7) days a week, which will meet their nutritional, social, emotional and
						therapeutic needs. The daily food allowance shall meet the current recommended
						dietary allowances.
1. Meals shall be
					 planned one (1) week in advance. A record of meals served shall be maintained
					 for a one (1) month period. Current menus must be posted and dated.
2. A record of all food purchases shall be
					 maintained in the licensed facility for a one (1) month period.
3. All food served in licensed facilities
					 shall comply with the following:
a. No game or
					 home canned foods shall be served; and
b. Other than fresh or frozen vegetables and
					 fruit, all foods must be from commercial sources.
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 14 - PHYSICAL FACILITIES › Rule 15-16-1-48.14.1

Current through June 25, 2024
A licensed facility with sixteen (16) or more residents
						shall obtain a Food Service Permit from the Mississippi State Department of
						Health. A licensed facility with fifteen (15) or fewer residents shall meet the
						requirements as set forth in the Facility Inspection Report issued by the
						Mississippi State Department of Health.
Miss. Code Ann.
						§
												43-11-13
Mississippi Administrative Code › Title 15 - Mississippi Department of Health › Part 16 - Health Facilities › Subpart 1 - Health Facilities Licensure and Certification › Chapter 48 - MINIMUM STANDARDS FOR PERSONAL CARE HOMES RESIDENTIAL LIVING › Subchapter 14 - PHYSICAL FACILITIES › Rule 15-16-1-48.14.2 - Dietary Staffing

Current through June 25, 2024
1. Licensed
					 facilities shall have an employee dedicated to meal preparation and food
					 service.
2. All employees engaged
					 in handling, preparation and/or serving of food shall wear clean clothing at
					 all times.
3. All employees engaged
					 in handling and/or preparation of food shall wear hair nets, head bands, or
					 caps to prevent the falling of hair.
4. All employees engaged in handling and/or
					 preparation of food shall wash their hands thoroughly before starting to work
					 and immediately after contact with any soiled matter.
Miss. Code Ann.
						§
												43-11-13