AN ACT TO CREATE NEW SECTION 43-8-1, MISSISSIPPI CODE OF 1972, TO CREATE THE MISSISSIPPI LONG-TERM CARE OMBUDSMAN ACT; TO CREATE NEW SECTION 43-8-3, MISSISSIPPI CODE OF 1972, TO SET FORTH LEGISLATIVE PURPOSE; TO CREATE NEW SECTION 43-8-5, MISSISSIPPI CODE OF 1972, TO DEFINE TERMS USED IN THE ACT; TO CREATE NEW SECTION 43-8-7, MISSISSIPPI CODE OF 1972, TO CREATE THE STATE LONG-TERM CARE OMBUDSMAN PROGRAM (PROGRAM) IN THE MISSISSIPPI DEPARTMENT OF HUMAN SERVICES (DEPARTMENT) IN THE DIVISION OF AGING AND ADULT SERVICES (DIVISION); TO CREATE NEW SECTION 43-8-9, MISSISSIPPI CODE OF 1972, TO IDENTIFY THE PURPOSE OF THE PROGRAM AND THE DUTIES AND AUTHORITY OF THE STATE LONG-TERM CARE OMBUDSMAN (STATE OMBUDSMAN); TO CREATE NEW SECTION 43-8-11, MISSISSIPPI CODE OF 1972, TO DIRECT THE STATE OMBUDSMAN TO DESIGNATE DISTRICTS TO CARRY OUT THE DUTIES OF THE PROGRAM WITHIN LOCAL COMMUNITIES AND TO SET FORTH DUTIES OF REPRESENTATIVES OF THE PROGRAM; TO CREATE NEW SECTION 43-8-13, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE OMBUDSMAN AND REPRESENTATIVES OF THE PROGRAM ARE NOT MANDATORY REPORTERS EXCEPT UNDER CERTAIN CIRCUMSTANCES; TO CREATE NEW SECTION 43-8-15, MISSISSIPPI CODE OF 1972, TO PROHIBIT CONFLICTS OF INTEREST AND REQUIRE REPRESENTATIVES TO CERTIFY PRIOR TO APPOINTMENT AND ANNUALLY THAT HE OR SHE DOES NOT HAVE A CONFLICT OF INTEREST; TO CREATE NEW SECTION 43-8-17, MISSISSIPPI CODE OF 1972, TO DIRECT THE DEPARTMENT, IN CONSULTATION WITH THE STATE OMBUDSMAN, TO ADOPT RULES IMPLEMENTING STATE AND LOCAL COMPLAINT PROCEDURES; TO CREATE NEW SECTION 43-8-19, MISSISSIPPI CODE OF 1972, TO REQUIRE A REPRESENTATIVE OF THE PROGRAM TO IDENTIFY AND INVESTIGATE WITHIN A REASONABLE TIME CERTAIN COMPLAINTS MADE BY OR ON BEHALF OF A RESIDENT; TO CREATE NEW SECTION 43-8-21, MISSISSIPPI CODE OF 1972, TO REQUIRE A REPRESENTATIVE OF THE PROGRAM TO CONDUCT PERIODIC ONSITE FACILITY VISITS; TO CREATE NEW SECTION 43-8-23, MISSISSIPPI CODE OF 1972, TO REQUIRE APPROPRIATE REMEDIAL ACTION AND THE ESTABLISHMENT OF TARGET DATES FOR SUCH ACTION IN RESPONSE TO CERTAIN COMPLAINTS; TO CREATE NEW SECTION 43-8-25, MISSISSIPPI CODE OF 1972, TO DESIGNATE CERTAIN INFORMATION AS CONFIDENTIAL; TO CREATE NEW SECTION 43-8-27, MISSISSIPPI CODE OF 1972, TO REQUIRE THE OFFICE OF THE STATE LONG-TERM CARE OMBUDSMAN PROGRAM TO ESTABLISH A STATEWIDE TOLL-FREE TELEPHONE NUMBER AND E-MAIL ADDRESS FOR RECEIVING COMPLAINTS CONCERNING MATTERS ADVERSELY AFFECTING THE HEALTH, SAFETY, WELFARE OR RIGHTS OF RESIDENTS; TO PROVIDE INFORMATION RELATED TO THE PROGRAM TO EACH RESIDENT OR REPRESENTATIVE OF A RESIDENT UPON ADMISSION TO A LONG-TERM CARE FACILITY; TO CREATE NEW SECTION 43-8-29, MISSISSIPPI CODE OF 1972, TO PROVIDE IMMUNITY; TO CREATE NEW SECTION 43-8-31, MISSISSIPPI CODE OF 1972, TO REQUIRE LONG-TERM CARE FACILITIES TO PROVIDE REPRESENTATIVES OF THE PROGRAM WITH ACCESS TO CERTAIN RECORDS; TO CREATE NEW SECTION 43-8-33, MISSISSIPPI CODE OF 1972, TO PROHIBIT INTERFERENCE WITH A REPRESENTATIVE OF THE PROGRAM IN THE PERFORMANCE OF OFFICIAL DUTIES AND TO ESTABLISH PENALTIES FOR VIOLATIONS; TO CREATE NEW SECTION 43-8-35, MISSISSIPPI CODE OF 1972, TO REQUIRE THE DEPARTMENT TO MEET THE COSTS OF THE PROGRAM FROM APPROPRIATED FUNDS; TO CREATE NEW SECTION 43-8-37, MISSISSIPPI CODE OF 1972, TO DIRECT THE PROGRAM TO MAINTAIN A STATEWIDE UNIFORM REPORTING SYSTEM TO COLLECT AND ANALYZE DATA RELATING TO COMPLAINTS AND CONDITIONS IN LONG-TERM CARE FACILITIES AND TO RESIDENTS FOR THE PURPOSE OF IDENTIFYING AND RESOLVING COMPLAINTS AND TO ANNUALLY PUBLISH INFORMATION PERTAINING TO THE NUMBER AND TYPES OF COMPLAINTS RECEIVED; TO CREATE NEW SECTION 43-8-39, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE STATE OMBUDSMAN SHALL ENSURE THAT APPROPRIATE TRAINING IS PROVIDED TO ALL REPRESENTATIVES OF THE PROGRAM; TO REPEAL SECTIONS 43-7-51 THROUGH 43-7-79, MISSISSIPPI CODE OF 1972, WHICH ARE THE PROVISIONS OF LAW THAT CONSTITUTE THE LONG-TERM CARE FACILITIES OMBUDSMAN ACT; AND FOR RELATED PURPOSES.
By creating this new structure, SB2749 is designed to enhance residents' rights and ensure their health, safety, and welfare are strictly protected. It requires the establishment of complaint procedures, periodic onsite visits, and a responsive investigation of complaints made by or on behalf of residents, all of which are critical for enforcing regulatory compliance. Additionally, the legislation mandates conflict of interest prohibitions for representatives, ensuring that those acting on behalf of residents are unbiased and focused solely on their welfare. Overall, these measures represent a significant strengthening of legislative commitment to long-term care quality.
Senate Bill 2749, known as the Mississippi Long-Term Care Ombudsman Act, seeks to establish a dedicated program in the Mississippi Department of Human Services to address issues affecting residents of long-term care facilities. The legislation defines the duties and authority of the State Long-Term Care Ombudsman, who will oversee representatives in local communities tasked with advocating for the rights and wellbeing of residents. The Act promises to eliminate existing provisions from previous laws that governed ombudsman activities under the Long-Term Care Facilities Ombudsman Act, aiming for a more robust and organized framework for oversight in these facilities.
The overall sentiment surrounding SB2749 appears to be positive, particularly among advocates for elder care and resident rights. The establishment of an ombudsman program has been viewed as an essential step towards providing a structured mechanism for addressing grievances, which can improve the quality of life for many vulnerable residents. Nonetheless, there are concerns regarding the adequacy of funding and resources necessary to implement the program effectively, which could hinder its potential success if not adequately addressed during legislative sessions.
Notable points of contention in discussions around SB2749 include concerns about the program's funding, regulations on access to resident records, and the balancing act between providing sufficient oversight while maintaining residents' privacy. Some stakeholders worry that the limitations placed on the ombudsman’s role as a mandatory reporter could create gaps in protective measures for residents at risk of abuse or neglect. Moreover, discussions have pointed out the critical need for adequate training for ombudsman representatives to ensure they are equipped to handle the complexities of resident care and rights effectively, as well as the challenge of ensuring appropriate enforcement of the Act across various facilities.