Mississippi House Bill HB1074

Mississippi 2026 Regular Session

• Introduced: 1/16/26
• Refer: 1/16/26
• Failed: 2/3/26

Caption

AN ACT TO BE KNOWN AS THE BE KNOWN AS THE MISSISSIPPI LONG TERM CARE OMBUDSMAN ACT; TO CREATE THE STATE LONG-TERM CARE OMBUDSMAN PROGRAM IN THE DEPARTMENT OF HUMAN SERVICES, WITHIN THE DIVISION OF AGING AND ADULT SERVICES; TO PROVIDE THAT THE OMBUDSMAN PROGRAM SHALL BE HEADED BY THE STATE LONG-TERM CARE OMBUDSMAN, WHO SHALL BE APPOINTED BY THE EXECUTIVE DIRECTOR OF HUMAN SERVICES; TO PROVIDE THAT THE DIVISION OF AGING AND ADULT SERVICES SHALL HAVE A DESIGNATED LEGAL COUNSEL TO ADVISE, ASSIST AND AID THE STATE OMBUDSMAN; TO PRESCRIBE PURPOSE OF THE OMBUDSMAN PROGRAM; TO SPECIFY THE DUTIES AND AUTHORITY OF THE STATE LONG-TERM CARE OMBUDSMAN; TO REQUIRE THE STATE OMBUDSMAN TO DESIGNATE DISTRICTS TO CARRY OUT THE DUTIES OF THE OMBUDSMAN PROGRAM WITHIN LOCAL COMMUNITIES; TO PROVIDE FOR THE APPOINTMENT OF REPRESENTATIVES OF THE OMBUDSMAN PROGRAM AND PRESCRIBE THEIR DUTIES; TO REQUIRE THE DEPARTMENT TO ADOPT STATE AND LOCAL COMPLAINT PROCEDURES; TO PROVIDE FOR INVESTIGATIONS BY REPRESENTATIVES OF THE OMBUDSMAN PROGRAM AND ONSITE FACILITY VISITS; TO PROVIDE FOR COMPLAINT NOTIFICATION AND RESOLUTION PROCEDURES; TO PROVIDE THAT CERTAIN INFORMATION AND RECORDS OF THE OMBUDSMAN ARE CONFIDENTIAL; TO PROVIDE UPON ADMISSION TO A LONG-TERM CARE FACILITY, EACH RESIDENT OR REPRESENTATIVE OF A RESIDENT MUST RECEIVE INFORMATION REGARDING THE OMBUDSMAN PROGRAM; TO PROVIDE IMMUNITY FOR ANY PERSON MAKING A COMPLAINT PURSUANT TO THIS ACT IN GOOD FAITH; TO PROHIBIT RETALIATION AGAINST A PERSON FOR FILING A COMPLAINT WITH, PROVIDING INFORMATION TO, OR OTHERWISE COOPERATING WITH ANY REPRESENTATIVE OF THE OMBUDSMAN PROGRAM; TO REQUIRE THE STATE OMBUDSMAN TO ENSURE THAT APPROPRIATE TRAINING IS PROVIDED TO ALL REPRESENTATIVES OF THE STATE OMBUDSMAN PROGRAM; TO AMEND SECTIONS 43-47-7 AND 43-47-37, MISSISSIPPI CODE OF 1972, TO CONFORM TO THE PRECEDING PROVISIONS; TO REPEAL SECTIONS 43-7-51 THROUGH 43-7-79, MISSISSIPPI CODE OF 1972, WHICH ARE THE LONG-TERM CARE FACILITIES OMBUDSMAN ACT; AND FOR RELATED PURPOSES.

Impact

The legislation mandates that long-term care facilities must inform residents and their representatives about the ombudsman program, which includes confidential reporting processes for grievances. It is designed to protect residents by allowing the state ombudsman to investigate complaints quickly and perform onsite facility visits. The bill also provides immunity to anyone making a complaint in good faith, encouraging residents and employees to report abuses without fear of retaliation. This framework establishes a more transparent oversight mechanism aimed at enhancing the safety and quality of care in these facilities.

Summary

House Bill 1074, known as the Mississippi Long-Term Care Ombudsman Act, aims to establish a comprehensive framework for the long-term care ombudsman program in the state. This bill necessitates the creation of a State Long-Term Care Ombudsman Program within the Department of Human Services, overseeing multiple districts designed to protect the rights and welfare of residents in long-term care facilities. Central to this bill is the appointment of a State Long-Term Care Ombudsman responsible for safeguarding residents' rights and providing oversight of complaints related to neglect or abuse.

Contention

Notable points of contention surrounding HB 1074 may arise from the enforcement of stringent complaint procedures and the legal protections extended to those who report incidents of abuse or neglect. The bill prohibits retaliation by care facilities against complainants, establishing penalties for violations. Critics may argue that while the bill provides a necessary protective framework, the effectiveness of the ombudsman program will depend heavily on adequate funding and structural support from the Department of Human Services to ensure proper training and resources for ombudsman representatives.