reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 24 - Division of Community Services › Chapter 8 - Program Compliance › Rule 18-24-8.13 - Monitoring and Audit

Current through June 25, 2024
The Mississippi Department of Human Services (MDHS) is
				  required to monitor the activities of its subgrantees by following the Single
				  Audit Act Amendments of 1996, the Office of Management and Budget (OMB)
				  Circular A-133, Audits of States, Local Governments, and Non-Profit
				  Organizations, and the OMB Circular A-133 Compliance Supplement. MDHS shall
				  monitor each project, program, subgrant, function, or activity supported by a
				  Federal award to assure compliance with applicable Federal regulations and that
				  performance goals are achieved.
A.
				Monitoring
1) The Department of Health and
				Human Services (DHHS) requires States to conduct on-site monitoring of LIHEAP
				subgrantee's once every three (3) years.
MDHS elects to conduct an annual monitoring visit to ensure
				  compliance with applicable Federal and State regulations, policies, and
				  procedures.
2) MDHS has
				established uniform monitoring policies designed to ensure that all subgrants
				under the jurisdiction of MDHS are administered in compliance with Federal
				requirements and with the terms of the subgrant agreements. Monitoring
				subgrants, for compliance with the applicable Federal regulations, State laws,
				Agency policies, and the terms of the subgrant agreements, is the
				responsibility of the MDHS Division of Monitoring. Please see the -MDHS
				Subgrant/ Agreement Manual' found at
www.mdhs.ms.gov/subgrantee-manual/
for the complete monitoring policy.
3) Subgrant monitoring procedures may include
				several of the various options available. These options include: reviewing
				reports submitted by the subgrantee; reviewing documentation supporting
				expenses reported under MDHS subgrants; reviewing the subgrantee's single audit
				or program-specific audit results and evaluating audit findings and the
				subgrantee's corrective action plan; performing on-site reviews of fiscal and
				programmatic records and observing subgrantee operations; and/or, arranging for
				limited scope audits of specific compliance areas.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 24 - Division of Community Services › Chapter 8 - Program Compliance › Rule 18-24-8.14 - Fair Hearing Process

Current through June 25, 2024
A. A fair hearing
				is available for any applicant or recipient upon written request. A fair
				hearing provides an opportunity for a more formal review by the subgrantee's
				Board of Directors concerning the point(s) of dissatisfaction. If the applicant
				or recipient is still dissatisfied from said Boards' decision, the decision may
				be appealed to the Division of Administrative Hearings.
B. Basis for a Fair Hearing
1) Applicant(s) or recipient(s) shall be
				provided a copy of the -Fair Hearing Process' during each application or
				recertification. Upon denial of services, a copy of the -Fair Hearing Process'
				will be mailed with the denial letter to the applicant. A copy of the process
				will also be clearly posted in all subgrantee office locations.
2) The basis for a fair hearing is listed
				below:
a. An applicant or recipient whose
				application or recertification concerning eligibility assistance was denied;
b. An applicant or recipient whose
				claims for assistance are not acted upon reasonable promptness; or
c. Any other adverse action that
				detrimentally effects the applicant or recipient by the subgrantee and/or
				agency
3) Some issues are
				not subject to fair hearings, in which includes but not limited to, a
				subgrantee failing to have enough funds for the county that the applicant
				resides in. In this case, said subgrantee should refer applicant(s) to other
				social service providers, or use non-federal funds if available. If a county
				runs out of funds before the end of the program year, said subgrantee must
				maintain a list of applicants who could not be served. These applicants must
				receive priority when scheduling appointments at the start of the new program
				year or if additional funds are awarded.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 1 - Introduction › Rule 18-25-1.1 - Mission and Authority

Current through June 25, 2024
The mission of the Adult Protective Services (APS) program is
				  to protect vulnerable persons whose safety and protection may be adversely
				  affected by abuse, neglect, self-neglect or exploitation; raise public
				  awareness; and educate mandated reporters of their reporting responsibilities.
				  The Adult Protective Services Program is a bureau of the Mississippi Department
				  of Human Services, and finds its enabling legislation is the Mississippi
				  Vulnerable Persons Act (Title 43, Chapter 47 of the Mississippi Code,
				  specifically 43-47-5/7).
Miss. Code
				  Ann. §
										43-47-5 (Rev.
				  2018).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 1 - Introduction › Rule 18-25-1.2 - Terms Defined in the Statute

Current through June 25, 2024
The Mississippi Vulnerable Persons Act defines the following
				  terms. Whenever these terms are used they will be used as intended in the
				  Mississippi Vulnerable Persons Act.
A)
				"Abuse" means the commission of a willful act, or the willful omission of the
				performance of a duty, which act or omission contributes, tends to contribute
				to, or results in the infliction of physical pain, injury or mental anguish on
				or to a vulnerable person, the unreasonable confinement of a vulnerable person,
				or the willful deprivation by a caretaker of services which are necessary to
				maintain the mental or physical health of a vulnerable person. "Abuse" includes
				the sexual abuse delineated in §
									43-47-18. "Abuse" does not mean
				conduct that is a part of the treatment and care of, and in furtherance of the
				health and safety of, a patient or resident of a care facility, nor shall it
				mean a normal caregiving action or appropriate display of affection. "Abuse"
				includes, but is not limited to, a single incident [§
									43-47-5].
B) "Care facility" means:
1. Any institution or place for the aged or
				infirm as defined in, and required to be licensed under, the provisions of
				§
										43-11-1 et seq.;
2. Any long-term care facility as defined in
				§
										43-7-55;
3. Any hospital as defined in, and required
				to be licensed under, the provisions of §
										41-9-1 et seq.;
4. Any home health agency as defined in, and
				required to be licensed under, the provisions of §
										41-71-1 et seq.;
5. Any hospice as defined in, and required to
				be licensed under, the provisions of Chapter 85 of Title 41; and
6. Any adult day services facility, which
				means a community-based group program for adults designed to meet the needs of
				adults with impairments through individual plans of care, which are structured,
				comprehensive, planned, nonresidential programs providing a variety of health,
				social and related support services in a protective setting, enabling
				participants to live in the community. Exempted from this definition shall be
				any program licensed and certified by the Mississippi Department of Mental
				Health and any adult day services program provided to ten (10) or fewer
				individuals by a licensed institution for the aged or
				infirm.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 1 - Introduction › Rule 18-25-1.3 - Terms Defined for Casework and Policy Purposes

Current through June 25, 2024
In addition to the terms defined in the Mississippi
				  Vulnerable Persons Act, APS personnel will encounter other terms that are
				  commonly used in the course of providing APS services. Terms not defined in the
				  law will be given their normal meaning as used in the practice of social work.
				  The term Division of Adult Protective Services.
Miss. Code
				  Ann. §
										43-47-5 (Rev.
				  2018).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 1 - Introduction › Rule 18-25-1.4 - Categories of Maltreatment to Which Adult Protective Service Responds

Current through June 25, 2024
The Division of Adult Protective Services (APS) responds to
				  reports of abuse (including sexual abuse) neglect and exploitation of
				  vulnerable persons in the State of Mississippi (§
									43-47-7).
Miss. Code
				  Ann. §
										43-47-5 (Rev.
				  2018).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 1 - Introduction › Rule 18-25-1.5 - Eligibility for Adult Protective Services

Current through June 25, 2024
Any person in Mississippi who meets the criteria for being a
				  vulnerable person as defined in §
									43-47-5(q) is
				  eligible for services provided by Adult Protective Services. The definition of
				  vulnerable person is also found in Policy 1.2 (q).
Miss. Code
				  Ann. §
										43-47-5 (Rev.
				  2018).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 1 - Introduction › Rule 18-25-1.6 - Coordination with Other Agencies

Current through June 25, 2024
It is the policy of Adult Protective Services to work
				  cooperatively with other agencies and community partners. The staff and
				  physicians of local health departments, mental health clinics and other public
				  and private agencies are required by §
									43-47-9 to cooperate fully with
				  Adult Protective Services in the performance of its duties. It is likewise the
				  policy of APS to cooperate fully with these agencies to carry out the
				  investigations and provision of services to vulnerable persons in
				  Mississippi.
When APS receives a report of abuse or neglect of a
				  vulnerable person in a licensed hospital or licensed nursing home, APS shall
				  immediately refer that report to the State Department of Health for further
				  investigation.
In certain situations, the courts may authorize a third party
				  to enter the residence of a vulnerable person to examine the vulnerable person.
				  The courts may also authorize third parties to examine the financial records of
				  a vulnerable person. Finally, the Department of Human Services may contract
				  with an agency or private physician to provide evaluations of vulnerable
				  persons. It is the policy of APS to cooperate with these properly authorized
				  third parties to carry out investigations and provide services to vulnerable
				  persons.
Miss. Code
				  Ann. §
										43-47-7 (Rev.
				  2018).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 1 - Introduction › Rule 18-25-1.7 - Access by APS Personnel to In-house Legal Counsel

Current through June 25, 2024
The Department of Human Services (DHS) maintains in-house
				  legal counsel with expertise in the subject matter of Adult Protective
				  Services. The vendor will report to MDHS State Office, Aging and Adult
				  Services, Adult Protective Services staff for any and all interpretation of
				  policies, laws or procedures when necessary. All legal matters must be directed
				  to MDHS State Office for resolution.
Miss. Code
				  Ann. §
										43-47-7 (Rev.
				  2018).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 1 - Introduction › Rule 18-25-1.8 - Access by APS Personnel to Alleged Victims of Maltreatment

Current through June 25, 2024
Designated APS personnel shall have the authority to access
				  alleged victims of maltreatment for the purposes of carrying out the
				  responsibilities set forth in the Mississippi Vulnerable Persons Act,
				  specifically §
									43-47-9. Additionally, as provided
				  in §
									43-47-9, when the caretaker of a
				  vulnerable person refuses reasonable access as described in the Act, APS may
				  petition the court for an order for injunctive relief enjoining the caretaker
				  from interfering with the investigation.
Miss. Code
				  Ann. §
										43-47-7 (Rev.
				  2018).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 1 - Introduction › Rule 18-25-1.9 - Access by APS personnel to Documents and Information

Current through June 25, 2024
Designated APS personnel shall have timely access to
				  documents that will enable them to carry out the investigation of alleged
				  maltreatment of a vulnerable person as described in §
									43-47-9 of the Act and for
				  purposes of providing protection for the alleged victim. Documents may be
				  obtained from individuals, agencies and institutions, including federal or
				  other public benefit programs. With supervisory approval, APS personnel may
				  utilize in-house counsel or other legal resources at the disposal of APS to
				  obtain these documents by subpoena or other legal means.
Miss. Code
				  Ann. §
										43-47-7 (Rev.
				  2018).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 1 - Introduction › Rule 18-25-1.10 - Gen[+] Program

Current through June 25, 2024
During the course of conducting an investigation or
				  monitoring an Individual Services Plan, APS personnel will facilitate the MDHS
				  Gen+ program and will document actions taken to introduce the Gen+ program in
				  the files of the investigation or case.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 2 - Personnel Standards › Rule 18-25-2.1 - Conflict of Interest

Current through June 25, 2024
Whenever APS personnel may have or be perceived to have a
				  close relationship with either the alleged victim of maltreatment, the
				  caretaker, or the reporter of alleged maltreatment, the potential for conflict
				  of interest exists. The existence of either real or perceived conflict of
				  interest is of concern to APS, and all instances of perceived conflict of
				  interest shall be reported to the supervisor of the person having the conflict
				  of interest.
Miss. Code
				  Ann. §
										43-45-1-31 (Rev.
				  2013).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 2 - Personnel Standards › Rule 18-25-2.2 - Dual Roles

Current through June 25, 2024
APS personnel shall not take unfair advantage of their
				  relationship with the client in a way that would exploit the client to advance
				  the personal, religious, political or business interests of the APS personnel.
				  To that end, APS personnel shall not engage in dual or multiple relationships
				  with clients or former clients. In instances when a dual role may be
				  unavoidable, it shall be the responsibility of the APS staff member to report
				  the real or potential dual role to the staff member's supervisor. The National
				  Association of Social Workers Code of Ethics defines dual roles as existing
				  whenever social workers relate to clients in more than one relationship,
				  whether professional, social, or business.
Miss. Code
				  Ann. §
										43-45-1-31 (Rev.
				  2013).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 2 - Personnel Standards › Rule 18-25-2.2 - Receiving and Handling Inquiries or Complaints about Cases

Current through June 25, 2024
Inquiries by the media or legislators regarding reported
				  existing or potential cases shall be handled promptly. APS staff and personnel
				  who receive an inquiry or complaint regarding any case, whether open or closed,
				  shall be reported to the designated person or office within the Department of
				  Human Services.
Miss. Code
				  Ann. §
										43-45-1-31 (Rev.
				  2013).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 2 - Personnel Standards › Rule 18-25-2.4 - Screening of APS Personnel

Current through June 25, 2024
APS shall establish minimum criteria for suitability for all
				  personnel positions and subgrantees.
Miss. Code
				  Ann. §
										43-45-1-31 (Rev.
				  2013).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 2 - Personnel Standards › Rule 18-25-2.5 - Complaints and inquiries

Current through June 25, 2024
APS shall establish a procedure for the handling and
				  disposition of complaints regarding the handling and disposition of cases as
				  well as for handling complaints about APS personnel.
Miss. Code
				  Ann. §
										43-45-1-31 (Rev.
				  2013).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 2 - Personnel Standards › Rule 18-25-2.6 - Initial Hiring of Caseworkers

Current through June 25, 2024
APS shall develop a procedure addressing the initial hiring
				  of caseworkers. This procedure shall stipulate the minimum desired
				  qualification for newly hired caseworkers, including education, prior training
				  and experience.
Miss. Code
				  Ann. §
										43-45-1-31 (Rev.
				  2013).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 2 - Personnel Standards › Rule 18-25-2.7 - Training of Caseworkers

Current through June 25, 2024
Caseworkers and supervisors in APS upon hire shall receive
				  training on topics including the Mississippi Vulnerable Persons Act, policies
				  of APS and procedures of APS as soon as practical after immediate hiring.
				  Caseworkers shall not perform home visits until they have completed training
				  and have completed a period of mentoring and observation. All caseworkers and
				  supervisors shall have continuing education at least annually on topics to be
				  developed by APS.
Miss. Code
				  Ann. §
										43-45-1-31 (Rev.
				  2013).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 2 - Personnel Standards › Rule 18-25-2.8 - Safety of APS Personnel

Current through June 25, 2024
It is recognized that there is some risk to APS personnel who
				  conduct investigations involving vulnerable persons. To help protect the safety
				  of APA personnel in the field, the following steps shall be taken:
1. The whereabouts of all caseworkers in the
				field shall be known at all times. Caseworkers shall report their departure
				from the office to the field, and shall inform their supervisor of their
				itinerary when out of the office. Caseworkers in the field shall report changes
				in their itinerary to the supervisor.
2. MDHS shall provide cell phones for the use
				of caseworkers. Caseworkers are not to provide their personal cell phone number
				to any vulnerable person, caregiver, guardian or any other person involved in
				the investigation or care of a vulnerable person.
3. Business cards of APS personnel shall not
				contain their personal address, email, land line telephone number or cell phone
				number.
4. Before beginning an
				investigation, the caseworker shall discuss with his or her supervisor any
				known or suspected safety risks. Reasonable efforts shall be taken to identify
				any safety risks that may be inherent in an investigation, including but not
				limited to biohazards. Known or suspected safety risks shall be considered in
				the planning of any investigation. Caseworkers will not knowingly be placed in
				situations that may pose immediate danger or risk without adequate
				protection.
Immediate danger includes but is not limited to cases that
				  may involve risk of death, irreparable harm or significant loss of assets or
				  property.
Miss. Code
				  Ann. §
										43-45-1-31 (Rev.
				  2013).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 3 - Case Administration Policies › Rule 18-25-3.1 - Initial Action upon Receiving a Report

Current through June 25, 2024
Upon receiving a report of a vulnerable person in need or
				  potentially in need of protective services, an investigation shall be initiated
				  within the following time frames and a preliminary report made to the office of
				  the Attorney General (§
									43-47-7 and §
									43-47-9):
Criteria
Time from Reporting to Initiation of
								Investigation
Vulnerable person is not in immediate danger
								(Priority II cases)
72 hours
Vulnerable person is in immediate danger (Priority
								I cases)
48 hours
Miss. Code
				  Ann. §
										43-47-5 (Rev.
				  2018).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 3 - Case Administration Policies › Rule 18-25-3.2 - Caseload

Current through June 25, 2024
All cases and caseworkers shall be subject to supervisory
				  review. APS regional directors and the Division Director shall have the
				  authority to allocate and adjust caseloads in the best interest of the
				  Division.
Miss. Code
				  Ann. §
										43-45-1-31 (Rev.
				  2013).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 3 - Case Administration Policies › Rule 18-25-3.3 - Services to Be Provided

Current through June 25, 2024
The Mississippi Vulnerable Adults Act provides that the
				  following service may be provided by APS to vulnerable persons:
1. Investigation and determination if
				maltreatment has occurred (§
									43-47-7, §4347-9)
2. Provision of protective services in
				accordance with an Individual Services Plan (ISP) (§
									43-47-11, §
									43-47-13).
3. Provision of immediate essential services
				to alleviate an immediate danger if the provisions of §
									43-47-15 are met.
No other services by APS are authorized by the Act. However,
				  APS may provide other services not specified in the Act, so long as those
				  services are in accordance with the mission APS an are not being performed by
				  another agency.
Miss. Code
				  Ann. §
										43-45-1-31 (Rev.
				  2013).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 3 - Case Administration Policies › Rule 18-25-3.5 - Completion of Investigation

Current through June 25, 2024
Investigations shall be completed within 30 days of
				  initiation. The timeline for investigation completion may be extended for up to
				  30 additional days with the approval of the caseworker's supervisor. The
				  reason(s) for extension shall be documented in the case file. Cases that have
				  not been completed within 60 days must be reported to the appropriate regional
				  director.
Investigations shall be considered completed when one or more
				  of these has occurred:
1. The service
				plan is completed,
2. The
				vulnerable person's situation is stabilized,
3. The conditions causing immediate danger to
				the vulnerable person have been resolved or mitigated,
4. Another agency has assumed responsibility
				for the vulnerable person,
5. The
				vulnerable person has moved out of Mississippi,
6. The vulnerable person having the ability
				to consent refuses continued services, and
7. The death of the vulnerable
				person.
Completion of the investigation, including the reason for
				  completion, shall be documented in the case file and approved by the
				  caseworker's supervisor.
Miss. Code
				  Ann. §
										43-45-1-31 (Rev.
				  2013).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 3 - Case Administration Policies › Rule 18-25-3.6 - Supervisory Review

Current through June 25, 2024
Review of cases by supervisors shall take place at
				  significant junctures in the progress of cases. In all cases the review and
				  approval of the supervisor shall be noted in the case file.
Key junctures requiring supervisory review, approval and
				  documentation are:
1. Initial intake
				and case assignment,
2. Development
				of investigation plan,
3.
				Determination of findings,
4.
				Service provision planning,
5. If
				legal action is considered,
6. If
				escalated action is considered, and
7. Case closure.
Miss. Code
				  Ann. §
										43-45-1-31 (Rev.
				  2013).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 3 - Case Administration Policies › Rule 18-25-3.7 - Involuntary Action

Current through June 25, 2024
In the case that the caseworker and the caseworker's
				  supervisor have determined that the following conditions all exist:
1. That all reasonable efforts have been
				expended to secure the consent of a vulnerable person and those efforts have
				failed, and
2. That reasonable
				cause exists that the vulnerable person is being abused, neglected or
				exploited, and
3. The vulnerable
				person lacks the capacity to consent to voluntary services, then the designated
				officials at APS may petition the court for and order to provide protective
				services (§
									43-47-13).
In the case that the caseworker and the caseworker's
				  supervisor have determined the vulnerable person consents to protective
				  services and it is also determined that the caretaker of that person is
				  interfering with the provision of protective services, APS may petition the
				  court for an order enjoining the caretaker from interference (§
									43-47-11).
Miss. Code
				  Ann. §
										43-45-1-31 (Rev.
				  2013).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 25 - Program Administration › Chapter 3 - Case Administration Policies › Rule 18-25-3.8 - Confidentiality

Current through June 25, 2024
Mississippi and federal statutes provide for the
				  confidentiality of the identity of individuals and information obtained as a
				  result of an APS intervention. Confidentiality of information is important to
				  protect the privacy of individuals, to encourage the reporting of abuse and
				  neglect, and to facilitate the obtaining of information. APS personnel shall
				  not release data that would be harmful or detrimental to the vulnerable person
				  or that would identify or locate a person who, in good faith, made a report or
				  cooperated in a subsequent investigation unless ordered to do so by a court of
				  competent jurisdiction (§
									43-47-7).
With supervisory approval, reports or photographs made as
				  part of an investigation may be released to:
1. A physician who is treating a person whom
				the physician believes may be abused, neglected or exploited as provided in
				§
									43-47-5,
2. A duly authorized agency having the
				responsibility to care for the person who is the subject of the
				report,
3. A grand jury or a court
				of competent jurisdiction,
4. A
				district attorney or other law enforcement official.
Information contained in reports or investigation records
				  shall not be disclosed to the vulnerable person's guardian or care giver or any
				  other person who is a perpetrator or alleged perpetrator of the vulnerable
				  person's abandonment, exploitation, abuse or neglect.
Miss. Code
				  Ann. §
										43-45-1-31 (Rev.
				  2013).
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part II - Administration of the Long-Term Ombudsman Program › Section 18-26-2-E - Legal Counsel and Legal Assistance Developer

Current through June 25, 2024
Legal Counsel
Ombudsman shall have access to adequate legal counsel. Legal
				  counsel is provided by the Mississippi Attorney General's Office. The
				  Mississippi Department of Human Services, pursuant to the Older Americans Act
				  (OAA), shall ensure that:
1) Adequate
				legal counsel is available for the State Ombudsman Program and is able, without
				conflict of interest (according to state ethical standards governing the legal
				profession), to:
a) Provide advice and
				consultation services needed to protect the health, safety, and rights of
				residents; and
b) Assist the Office
				of the State Long-Term Care Facilities Ombudsman and district and local
				ombudsman in the performance of their official duties; and
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part II - Administration of the Long-Term Ombudsman Program › Section 18-26-2-F - Interference and Retaliation

Current through June 25, 2024
Both federal and state law require long-term care facilities
				  to provide Ombudsman representatives with access to facilities and residents.
				  Moreover, MS law (Section
				  43-7-67) has been amended and on
				  July 1, 2017 "no individual shall discriminate, retaliate or engage in willful
				  interference against any resident, immediate family, resident representative or
				  an employee of a long-term care facility due to making a complaint or giving
				  information in good faith to the State Ombudsman Program. Any person convicted
				  or violating any provision of this section shall be guilty of a misdemeanor."
				  Ombudsman who encounter willful interference by facility staff or others during
				  the performance of their duties shall immediately report the incident to the
				  State Ombudsman and the appropriate licensing agency. The State Ombudsman shall
				  review the information provided, and conduct further investigation if necessary
				  to confirm the occurrence of the interference or retaliation.
Examples of willful interference include:
* Preventing ombudsman from entering the facility. If the
				  ombudsman is trying to investigate a complaint, it may be necessary to visit
				  the facility after normal visiting hours.
* Refusing to allow ombudsman from speaking confidentially
				  with the residents.
* Refusing to allow the ombudsman access to all areas of the
				  facility, including the kitchen.
* Refusing to allow the ombudsman access to resident
				  records.
If an ombudsman encounters willful interference, the
				  ombudsman shall give a verbal explanation of the Ombudsman Program and a
				  written summary of the laws and regulations prohibiting willful interference.
				  If this is not successful, then the Ombudsman shall provide the same
				  information to the Administrator.
If the interference continues, the State Ombudsman shall
				  submit a written description of the incident, including dates, times,
				  circumstances, history of interference by the individual or facility management
				  and the steps taken by the Ombudsman Program to educate the person interfering
				  and the facility administration, to the appropriate local law enforcement
				  agency.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part II - Administration of the Long-Term Ombudsman Program › Section 18-26-2-G - Liability

Current through June 25, 2024
Representatives of the Office are not liable for civil
				  damages or subject to criminal prosecution for performing official duties
				  unless the Representative acts in bad faith or with a malicious purpose.
				  Official duties are those duties of a LTCO set forth in applicable federal and
				  state law and these policies and procedures. They shall include, but not be
				  limited to, making a statement or communication relevant to receiving a
				  complaint or conducting investigative activity.
Evidence of good faith includes, but is not limited
				  to:
* Making every reasonable effort to follow procedures set
				  forth in applicable laws and these policies and procedures; and
* Seeking and making reasonable efforts to follow direction
				  from the Office of the State Long-Term Care Ombudsman
The Mississippi Department of Human Services will not provide
				  liability insurance or indemnification for area agencies on aging (AAAs) or
				  provider agencies. AAAs and provider agencies should retain their own liability
				  policies.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part II - Administration of the Long-Term Ombudsman Program › Section 18-26-2-I - Leave of Absence

Current through June 25, 2024
Notice must be given to the State Ombudsman when any District
				  or Local Ombudsman is out of the office for five (5) or more business days. The
				  AAA or provider agency must provide Ombudsman service coverage by a designated
				  Representative of the Office to the service area during any absences so as to
				  comply with Program Components and complaint investigation timeframes. If there
				  is only one Ombudsman in the service area, then the Ombudsman's phones calls
				  and emails must be forwarded to the State Ombudsman.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part III - Training for Ombudsman › Section 18-26-3-A - Designation Training

Current through June 25, 2024
All Ombudsman paid staff and volunteers must be designated by
				  the Office of the State Long-Term Care Facilities Ombudsman which is an
				  independent organizational unit located within the Division of Aging and Adult
				  Services, Mississippi Department of Human Services. Prior to being issued an
				  official Ombudsman designation badge, all applicants must complete a minimum of
				  40 hours of State Ombudsman approved training, which includes 24 hours of field
				  training and successfully passing the MS Long-Term Care Ombudsman Designation
				  Test. All applicants must annually sign a Conflict of Interest Agreement,
				  Confidentiality Agreement and a Code of Ethics Agreement. Until certified
				  (designated) an intern ombudsman shall be assigned to a supervising ombudsman.
				  The experienced ombudsman will introduce the intern to the facility management
				  staff.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part III - Training for Ombudsman › Section 18-26-3-B - Continuing Education Training

Current through June 25, 2024
In order for Ombudsman and volunteers to be re-designated,
				  they must:
* Complete twelve (12) hours of approved mandatory ombudsman
				  training during the year. At least six (6) hours of this training must be
				  sponsored by the Office.
* Have no conflict of interest;
* Follow to ombudsman confidentiality requirements and Code
				  of Ethics; and
* Adhere to the Program Components in the Policy and
				  Procedure Manual.
District and local Ombudsman are strongly encouraged to
				  attend seminars, workshop and conferences offered by other programs and
				  organizations. These training hours may be counted towards the required 12
				  hours of annual training as long as prior approval was obtained from the State
				  Ombudsman. In order to receive credit for such courses, an ombudsman may either
				  attend a program which has already been approved by the State Ombudsman or must
				  submit in advance a written request for approval of a particular program that
				  includes 1) brief description of the training; 2) who is conducting the
				  training; 3) when and where it is to be held; 4) hours of training. Ombudsman
				  must provide evidence of attendance at any outside training. The State
				  Ombudsman may fail to re-designate an Ombudsman if any of the above criteria
				  have not been met.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part IV - Program Components for Ombudsman Practice › Section 18-26-4-A - Facility Visits

Current through June 25, 2024
The Federal Older Americans Act (OAA) requires that "the
				  residents have regular, timely, private, and unimpeded access" to the services
				  provided through the Ombudsman Program.
Section 712(3)(D)
By
				  doing so, the ombudsman will be able to identify concerns of residents,
				  establish trust and develop relationships between the residents and explain the
				  Ombudsman Program to both residents, their families and the facility staff and
				  provide consistent statewide coverage of the long-term care facilities in
				  Mississippi.
Facility Visits
1) Regular and timely access is considered to
				be
a minimum
of quarterly visits to each long-term care
				facility in each service district (January-March; April-June; July-September;
				October-December). These would be considered routine visits for the purpose of
				monitoring and assessing the general condition of residents and the physical
				plant of the facility. However, the Mississippi Ombudsman Program requires
				monthly visits to the long-term care facilities. Additional visits during the
				month shall be conducted by district and local ombudsman in the following
				situations:
a) To investigate a
				complaint;
b) A history of serious
				or frequent complaints;
c) Number
				and types of referrals made to other agencies (Licensing & Certification
				and the AG's office);
d) A change
				in ownership or administration;
e)
				Implementation of a serious state or federal plan of correction (# of citations
				and deficiencies from a survey);
f)
				An imminent closure;
g) Facilities
				licensed for 120+ residents; or
h)
				By request of the SLTCO in the interest of protecting residents'
				rights.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part IV - Program Components for Ombudsman Practice › Section 18-26-4-D - Training to Local Ombudsman and Volunteers

Current through June 25, 2024
Document every Training to a local Ombudsman or Volunteer in
				  WellSky as "Training for ombudsman/volunteer" under Program Activities,
				  including the training topic, number of participants, time spent, and other
				  NORS required fields. Activity comments are highly recommended as well. If this
				  includes the annual two required community education events, then it should be
				  notated in the activity comments section. Note: The location can be Facility
				  Not Applicable or Unknown. However, if a Representative of the Office is
				  training another Representative of the Office on a field visit, then the name
				  of the facility should be included in the activity.
The person conducting or arranging the training reports this
				  as an Ombudsman activity. The session and hours are unduplicated. A session is
				  a meeting, whether it lasts for two hours, all day or a week.
Hours of direct service of the volunteer ombudsman shall be
				  tracked by the local ombudsman and reported quarterly to the State Ombudsman.
				  Volunteer long-term care ombudsman shall work under the supervision of the
				  local ombudsman for their geographical region. When serving as a volunteer
				  ombudsman, he or she must act as an advocate and not in other professional
				  roles such as a social worker, nurse or an accountant. They are considered
				  Representatives of the Office and must do the same training and be free from
				  all conflicts of interest as the district and local ombudsman. Volunteers must
				  be at least 18 years of age and agree to a criminal background check. Volunteer
				  ombudsman must maintain confidentiality in all Ombudsman activities and follow
				  all laws, regulations, and policies relating to resident consent and disclosure
				  of information. A volunteer must notify the local ombudsman of his/her decision
				  to resign with at least 14 days' notice, and return all Ombudsman materials
				  (including the training manual, designation certificate and the ombudsman name
				  badge) and any notes pertaining to the facilities and its residents. The
				  district ombudsman must notify all staff and residents of any facilities to
				  which the volunteer ombudsman was assigned that the volunteer is no longer a
				  representative of the ombudsman program. Volunteers who do not wish to respond
				  to complaints nor do the required certification training may be considered as
				  "friendly visitors". As such, "friendly visitors" must refer complaints to the
				  LTCOP.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part IV - Program Components for Ombudsman Practice › Section 18-26-4-E - In-Service Education for Facility Staff

Current through June 25, 2024
Document every Training given to facility staff at each
				  long-term care facility in WellSky as "Training given to facility staff" under
				  Program Activities, including the training topic, number of participants, time
				  spent, travel time and other NORS required fields. If this includes the annual
				  two required community education events, then it should be notated in the
				  activity comments section. When agreeing to train staff, ask management about
				  specific issues to address and consider complaint history when planning the
				  session.
A training session/in-service education is a planned event
				  for a group of staff people, not to be confused with a one-to-one or small
				  group on-site consultation occurring during the course of a facility visit.
				  Each district ombudsman program shall provide a minimum of five facility
				  in-services education events per federal fiscal year.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part IV - Program Components for Ombudsman Practice › Section 18-26-4-F - Consultations for Facility Staff

Current through June 25, 2024
Document every Consultation for Facility Staff at each
				  long-term care facility in WellSky as "Consultations to facilities/providers"
				  under Program Activities, including the facility name, number of contacts, time
				  spent, consultation topic and other NORS required fields. Note: The location
				  can be Facility Not Applicable or Unknown.
The consultation topics include:
* Adult Protections
* Advance Directives
* Aging
* Behaviors
* Communications
* Community Services
* Complaint Process
* Developmentally Disabled
* Elderly Abuse
* Encoding questions/Software issues
* Family
* Legal
* Long-term Care
* Medicaid
* Medicare
* Mental Health
* Ombudsman Services
* Other
Ombudsman representatives may provide consultation to
				  facilities either in person, over the telephone, through e-mail, or by other
				  means. If there are repeated consultations to the same facility, count each
				  consultation separately. For NORS reporting purposes, do not count training
				  sessions that were documented in in-service education for facility
				  staff.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part IV - Program Components for Ombudsman Practice › Section 18-26-4-G - Information and Assistance/Consultations to Individuals

Current through June 25, 2024
Document every Information & Assistance/Consultation to
				  Individuals at or about each long-term care facility in WellSky as "Information
				  & consultation to individuals" under Program Activities, including the
				  facility name, number of contacts, time spent, consultation topic and other
				  NORS required fields.
The consultation topics include:
* Adult Protections
* Advance Directives
* Aging
* Behaviors
* Communications
* Community Services
* Complaint Process
* Developmentally Disabled
* Elderly Abuse
* Encoding questions/Software issues
* Family
* Legal
* Long-term Care
* Medicaid
* Medicare
* Mental Health
* Ombudsman Services
* Other
Enter each instance of providing information and consultation
				  to
anyone other than facility staff
. Consultations to
				  individuals may be provided either in person, over the telephone, through
				  e-mail, or by other means. This can include providing information related to
				  alternatives to institutionalized care, how to select a nursing home,
				  discussing resident's rights or understanding Medicaid. If there is an increase
				  in a particular topic, the Ombudsman may consider having a community education
				  seminar on that topic. However, for NORS reporting purposes, do not include
				  here participants in community education sessions.
There should be frequent checks of email messages, office
				  phone voicemail and cell phone messages by staff so as to provide timely access
				  to Ombudsman services. It is preferred if the call is returned the same day to
				  provide the information and no later than within two days.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part IV - Program Components for Ombudsman Practice › Section 18-26-4-H - Community Education

Current through June 25, 2024
Every district shall provide, at a minimum, two community
				  education events during the federal fiscal year (Oct 1st-Sept. 30th). The State
				  Ombudsman must be given prior notice of said events.
Document every Community Education seminar given in your
				  district in WellSky as "Community Education" under Program Activities,
				  including the training topic, time spent, number of participants and other NORS
				  required fields. It should be put under "Facility Not Applicable."
The training topics include:
* Adult Protections
* Advance Directives
* Aging
* Behaviors
* Choice Options
* Communications
* Community Services
* Complaint Process
* Developmentally Disabled
* Elderly Abuse
* Family
* Legal
* Long-term Care
* Medicaid
* Medicare
* Mental Health
* Ombudsman Services
* Other
* Physicians
* Regulations
* Resident Rights
* Restraints
* Staffing
* Survey
Every presentation an Ombudsman gives and each meeting an
				  Ombudsman attends with community groups, senior centers, churches, etc. can be
				  counted. Examples would be informing other agencies and the public about the
				  Ombudsman Program or explaining issues, needs, or rights affecting residents of
				  long-term care facilities.
Mississippi Administrative Code › Title 18 - HUMAN SERVICES › Part 26 - Policies and Procedures Manual for the MS Ombudsman Program › Part IV - Program Components for Ombudsman Practice › Section 18-26-4-I - Facility Surveys

Current through June 25, 2024
All ombudsman are required to attend, if notified by the
				  Health Department, facility surveys. If short notice is given by the Health
				  Department and the ombudsman cannot attend the survey in time, the ombudsman
				  should ask the Health Department if a phone call would be sufficient or
				  communicate their earliest possible arrival at the survey. Notice can also be
				  given to the State Ombudsman to see if he/she would be able to participate at
				  the survey.
Document every participation at a Facility Surveys at each
				  long-term care facility in WellSky as "Participation in facility surveys" under
				  Program Activities, including the facility name, number of contacts, time
				  spent, travel time and other NORS required fields.
If the Ombudsman participates in more than one part of the
				  survey, the activity is still counted as one instance of survey participation.
				  It should be noted in the Activity Comment section whether the instance was the
				  pre-survey briefing of the surveyors or participation in the exit interviews.
				  Even a call regarding a survey can be counted as one activity.
Any person who reveals the information on survey dates or
				  times to a long-term care facility prior to that survey is subject to
				  adjudication and up to $2,000.00 civil money penalty under
				  §1819(g)(2)(A)(i) and §919(g)(2)(A)(i), and §1128A of the Social
				  Security Act. Any Ombudsman or representative of the Office of the State
				  Long-Term Care Facilities Ombudsman that reveals any information deemed to be
				  confidential may be subject to loss of Ombudsman designation and other
				  disciplinary action.