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Mississippi Statutes, Title 43

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Mississippi/Statutes

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Title 43, Public Welfare

42 chapters · 903 sections in this title.

All chapters in Title 43903 Ch 21, Youth Court110 Ch 33, Housing and Housing Authorities110 Ch 13, Medical Assistance for the Aged; Med…81 Ch 35, Urban Renewal and Redevelopment55 Ch 15, Child Welfare49 Ch 27, Department of Human Services - Divis…49 Ch 6, Rights and Liabilities of Persons wi…38 Ch 3, Blind Persons34 Ch 1, Department of Human Services and Cou…30 Ch 12, Medicaid and Human Services Provisions25 Ch 19, Support of Natural Children25 Ch 9, Old Age Assistance24 Ch 20, Child Care Facilities24 Ch 47, Mississippi Vulnerable Persons Act23

903 sections·Filtered byTitle 43✕

Miss. Code Ann. § 43-6-155 Support animals’ access to public places; limitations
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(1) Any blind person, mobility impaired person, armed services veteran diagnosed with PTSD or hearing impaired person who uses a support animal specifically trained as a guide, leader, listener or for any other necessary assistance in day-to-day activities shall be entitled to th…
Miss. Code Ann. § 43-6-171 Legislative drafting offices and state agencies to use certain respectful references to persons with disabilities in the preparation of legislation and rules
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(1) The Legislature recognizes that language used in reference to individuals with disabilities shapes and reflects society’s attitudes towards people with disabilities. Many of the terms currently used diminish the humanity and natural condition of having a disability. Certain t…
Miss. Code Ann. § 43-6-201 Legislative findings and purpose
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The Mississippi Legislature finds that the benefits of meaningful work have significance and importance to all working-age persons, including persons with disabilities. In order to achieve meaningful and competitive employment for persons with disabilities, employment opportuniti…
Miss. Code Ann. § 43-6-203 Definitions

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(a) As used in this article, the following words shall have the following meaning, unless the context otherwise requires:(a) “Competitive employment” means work in the competitive labor market that is performed on a full-time or part-time basis in an integrated setting and for wh…

Miss. Code Ann. § 43-6-205 Competitive employment opportunities in fully integrated work settings to be considered first and priority option when planning or providing services and supports to persons with disabilities

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It is declared to be the policy of this state that competitive employment in an integrated setting shall be, to the extent practicable, considered the first and priority option when planning or providing services and supports to persons with disabilities who are of working age. A…

Miss. Code Ann. § 43-6-207 Implementation of policy by state agencies

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(1) All state agencies that provide services to persons with disabilities and/or employment services shall coordinate efforts and shall collaborate within and among such agencies to ensure that state programs, policies, procedures and funding support competitive employment in int…

Miss. Code Ann. § 43-6-209 Oversight of implementation of policy by Disability Resource Commission

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The Disability Resource Commission as described in Section 43-30-1 is directed to provide the monitoring and oversight of the implementation of this article by state agencies.

Miss. Code Ann. § 43-6-211 Article not to prohibit appropriate use of certain other employment options, or require expenditure of funds or grant enforceable right or cause of action

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(1) Nothing in this article shall be interpreted to prohibit the appropriate use of programs known as center-based employment, employment centers, skill development centers, vocational rehabilitation centers, and/or other employment options. (2) Nothing in this article shall be i…

Miss. Code Ann. § 43-6-251 Short title

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This article shall be known and may be cited as “Cole’s Law.”

Miss. Code Ann. § 43-6-253 Legislative findings

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(a) The Legislature finds that:(a) A mental or physical disability does not diminish a person’s right to health care;(b) The “Americans with Disabilities Act of 1990,” 42 USC Section 12101, prohibits discrimination against persons with disabilities, yet many individuals with disa…

Miss. Code Ann. § 43-6-255 Definitions

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(a) For purposes of this article, the following terms shall have the following meanings unless the context clearly indicates otherwise:(a) “Disability” has the meaning stated in the Americans with Disabilities Act of 1990, as amended by the ADA Amendments Act of 2008, at 42 USC S…

Miss. Code Ann. § 43-6-257 Prohibited acts by covered entities; exception; reasonable modifications to covered entity policies; absence of auxiliary aids or services insufficient to deny organ transplantation services; exception

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(1) The provisions of this section shall apply to all stages of the organ transplant process. (2) A covered entity shall not, solely on the basis of an individual’s disability:(a) Consider the individual ineligible to receive an anatomical gift or organ transplant;(b) Deny medica…

Miss. Code Ann. § 43-6-259 Violations of article provisions

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(1) Whenever it appears that a covered entity has violated or is violating any of the provisions of this article, the affected individual may commence a civil action for injunctive and other equitable relief against the covered entity for purposes of enforcing compliance with thi…

Miss. Code Ann. § 43-6-261 Prohibited acts by health insurance insurers that provide coverage for anatomical gifts, organ transplants or related treatments

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(1) For purposes of this section, the following terms shall have the following meanings unless the context clearly indicates otherwise:(a) “Covered person” means a policyholder, subscriber, enrollee, member, or individual covered by a health benefit plan.(b) “Health benefit plan”…

Miss. Code Ann. § 43-6-263 Legislative declaration

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The Legislature hereby declares that the life of a person with a disability who needs an organ transplant is as worthy and valuable as the life of a person with no disability who needs the same medical service.

Miss. Code Ann. § 43-7-1 Department of Human Services to be Council on Aging

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The Department of Human Services shall be the Council on Aging and shall retain all powers and duties granted by law to the Council on Aging, and wherever the term “Council on Aging” appears in any law the same shall mean the Department of Human Services.

Miss. Code Ann. § 43-7-51 Short title

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Sections 43-7-51 through 43-7-79 shall be known as the “Long-Term Care Facilities Ombudsman Act.”

Miss. Code Ann. § 43-7-53 Office of State Long-term Care Facilities Ombudsman

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(1) There is created by the Mississippi Council on Aging within the Division of Aging and Adult Services the independent organizational unit called the Office of the State Long-Term Care Facilities Ombudsman as provided by the Older Americans Act of 1965, as amended, 42 USCS 3001…

Miss. Code Ann. § 43-7-55 Definitions

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(a) For the purposes of Sections 43-7-51 through 43-7-79, the following words shall have the definitions ascribed herein:(a) “Administrator” means any person charged with the general administration or supervision of a long-term care facility without regard to whether such person …

Miss. Code Ann. § 43-7-57 Duties of office

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(a) The duties of the Office of the State Long-Term Care Facilities Ombudsman, as created under Section 43-7-53, shall be:(a) The establishment of a procedure to have regular and timely access to the services provided by the State Ombudsman Program and to receive, investigate and…

Miss. Code Ann. § 43-7-59 Certification of community Long-term Care Facilities Ombudsman programs

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(1) The Office of the State Long-Term Care Facilities Ombudsman shall designate and refuse, suspend or remove designation of representatives of the Office of the State Long-Term Care Facilities Ombudsman in particular where a conflict of interest cannot be resolved, except that c…

Miss. Code Ann. § 43-7-61 Community Long-term Care Facilities Ombudsmen training and certification program; community advisory committee; ombudsman identification card

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(1) The Office of the State Long-Term Care Facilities Ombudsman shall establish a training and certification program. The State Ombudsman shall specify by rule the content of the training program. Each long-term care facilities ombudsman program shall bear the cost of training it…

Miss. Code Ann. § 43-7-63 Duties of community ombudsman

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(a) The duties of the community ombudsman shall be:(a) The investigation of complaints filed by residents, sponsors, organizations or long-term care facilities on behalf of residents of long-term care facilities relating to the health, safety, welfare and rights of a resident and…

Miss. Code Ann. § 43-7-65 Investigations by ombudsman; referral of complaints to appropriate agencies

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(1) Investigative activities of the ombudsman shall include, but not be limited to: information gathering, mediation, negotiation, informing concerned parties of alternative remedies, reporting of suspected violations to appropriate licensing or certifying agencies and reporting …

Miss. Code Ann. § 43-7-67 Access to long-term care facilities by ombudsman

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(1) Except during the course of an investigation carried out under Section 43-7-65, ombudsmen shall have access to long-term care facilities for the purposes of carrying out the duties enumerated by Sections 43-7-51 through 43-7-79 during reasonable hours or at other times with t…

Miss. Code Ann. § 43-7-69 Confidentiality of records; policies and procedures

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(a) The State Ombudsman shall establish policies and procedures with regard to confidentiality of resident, long-term care facility and government agency records. These policies and procedures shall ensure that:(a) Any ombudsman shall not disclose the identity of any resident or …

Miss. Code Ann. § 43-7-7 Duties of Department of Human Services

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The Department of Human Services shall be responsible for the collection of data and statistics and for making a continuing study of conditions affecting the general welfare of the aging population; for providing for an inter-agency and inter-departmental exchange of ideas; for e…

Miss. Code Ann. § 43-7-71 Investigation participants immune from liability; protected participants and practices

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(a) Individuals participating in an investigation carried out pursuant to Sections 43-7-51 through 43-7-79 shall be immune from any civil liability that otherwise might result by reason of their participation in the investigation as long as such participation is done in good fait…

Miss. Code Ann. § 43-7-73 Immunity from liability for ombudsman’s acts causing injury

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No long-term care facility covered by Sections 43-7-51 through 43-7-79, its owners, administrator, officers, directors, agents, consultants, employees or any member of management, shall be held civilly liable to any patient, family member of a patient or other third party for any…

Miss. Code Ann. § 43-7-75 Authority to establish additional committees

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The Office of the State Long-term Care Facilities Ombudsman may establish committees to assist in carrying out the programs and duties of such office.

Miss. Code Ann. § 43-7-77 Additional powers and duties of ombudsmen; agencies to cooperate

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(1) The ombudsman may request information, cooperation and assistance from any government agency, and the agency is hereby authorized and directed to provide cooperation, assistance or information that will enable the ombudsman to properly perform any of his functions, duties and…

Miss. Code Ann. § 43-7-79 Recommendations, rules and regulations by State Ombudsman

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The State Ombudsman shall recommend policies and procedures to carry out the provisions of Sections 43-7-51 through 43-7-79 and propose rules and regulations to implement the provisions of Sections 43-7-51 through 43-7-79.

Miss. Code Ann. § 43-9-1 Statewide system of old age assistance

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For the purpose of providing for aged persons in need, a statewide system of old age assistance is hereby established and shall be in effect in all political subdivisions of this state to operate with due regard to the varying conditions and cost of living, to be financed by stat…

Miss. Code Ann. § 43-9-11 Application for assistance to the needy aged

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Application for assistance under this chapter shall be made to the county welfare agent of the county in which the applicant resides. The application shall be in writing or reduced to writing in the manner and upon the form prescribed by the state department. Such application sha…

Miss. Code Ann. § 43-9-13 Investigation of applications

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Whenever a county welfare agent receives an application for assistance under this chapter, an investigation and record shall promptly be made of the circumstances of the applicant to ascertain the facts supporting the application made under this chapter and such other information…

Miss. Code Ann. § 43-9-15 Granting of assistance

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Upon completion of the investigation, the county department shall determine in accordance with the rules and regulations of the state department, whether the applicant is eligible for assistance under the provisions of this chapter, the amount of assistance he shall receive, and …

Miss. Code Ann. § 43-9-17 Payment for benefit of recipient

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If the recipient or applicant is found incapable of taking care of himself or his money, payments may be paid to any person, firm, corporation, association, institution or agency designated to receive it by order of the county department of his county.

Miss. Code Ann. § 43-9-19 Assistance not assignable

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No assistance given under this chapter shall be transferable or assignable, at law or in equity, and none of the money paid or payable under this chapter shall be subject to execution, levy, attachment, garnishment or other legal process, or to the operation of any bankruptcy or …

Miss. Code Ann. § 43-9-21 Appeal to the State Department of Public Welfare

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The county department shall at once report to the state department its decision upon each application. If an application is not acted upon by the county department within thirty (30) days after the filing of the application, or is denied or revoked, the applicant may appeal to th…

Miss. Code Ann. § 43-9-23 Periodic reconsideration and changes in amount of assistance

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All assistance grants made under this chapter shall be reconsidered as frequently as may be required by the rules and regulations of the state board. After such further investigation, the amount of assistance may be changed or assistance may be entirely withdrawn if the state com…

Miss. Code Ann. § 43-9-25 No fees to be paid

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No person shall make any charge or receive any fee for representing any applicant or recipient of assistance in any proceeding hereunder except as to criminal proceedings brought pursuant to Section 43-9-27; or with respect to any application whether such fee or charge be paid by…

Miss. Code Ann. § 43-9-27 Fraudulent acts

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(1) Whoever obtains, or attempts, or aids, or abets any person to obtain by means of a wilfully false statement or representation or by impersonation, or other fraudulent device;(1) Assistance to which he is not entitled; or(2) Assistance greater than that to which he is justly e…

Miss. Code Ann. § 43-9-29 Recovery from recipient’s estate for false representation

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On the death of any recipient, double the total amount of assistance paid to such recipient under this chapter shall be allowed as a claim against the estate of such person if it is found that such recipient has obtained funds by false representation.

Miss. Code Ann. § 43-9-3 Short title

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This chapter and Chapter 1 of this title shall be known as the “Mississippi Old Age Security Law” and shall be cited as such.

Miss. Code Ann. § 43-9-31 Limitations of chapter

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All assistance granted under this chapter shall be deemed to be granted and to be held subject to the provisions of any amending or repealing law that may hereafter be passed. No recipient shall have any claim for compensation, or otherwise, by reason of his assistance being affe…

Miss. Code Ann. § 43-9-33 Receipt and disposition of federal and other funds

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The state treasurer is hereby authorized and directed to receive on behalf of the state, and to execute all instruments incidental thereto, federal or other funds to be used for payments of assistance herein provided, and to place all such funds in a special account to the credit…

Miss. Code Ann. § 43-9-35 Disbursement of funds; how made

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The state department shall issue all checks for assistance to person qualifying for aid under the provisions of this chapter. All such checks shall be drawn upon funds made available to the state department of public welfare by the state auditor, upon requisition of the commissio…

Miss. Code Ann. § 43-9-37 Limitation of assistance and administrative cost

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The total amount of assistance granted under the provisions of this chapter and the expenses incurred thereunder shall not exceed the amounts of funds appropriated therefor by the legislature, together with any funds received from the federal government or other sources for the p…

Miss. Code Ann. § 43-9-39 Litigation

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No suit shall be maintained in any court for the purpose of compelling an award of assistance or to enforce payment of any award of assistance made under the provisions of this chapter. Awards made hereunder shall in no case create any vested or other rights for assistance in the…

Miss. Code Ann. § 43-9-41 Construction of law

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This chapter and Chapter 1 of this title are supplementary to and in aid of any and all welfare laws now in force in Mississippi which are not directly in conflict herewith.