• The Department of Health regulates nursing homes in Mississippi.Nurse image by Maria Bell from Fotolia.com
  
  The Mississippi State Legislature enacted Chapter 11 of Title 43 of the Mississippi Code in 1972 to govern nursing homes within the state. The power to do so was delegated to the Department of Health which regulates nursing homes under the rules promulgated in Chapter 45 of Title 15 of the Mississippi Administrative Code. Additionally, nursing homes are required to comply with any applicable federal laws and municipal ordinances.
  
  

Institutions for the Aged and Infirm

• Under Mississippi law, nursing homes are officially known as "institutions for the aged or infirm." This legal term is defined as a place that supplies living accommodations (food, shelter and personal care) in a group setting to at least four unrelated persons. The place can either be run by a governmental entity or agency, or by a private organization or individual.
  
  Medical institutions like hospitals and those private residences that are under contract with the U.S. Department of Veterans Affairs are excluded from this definition.
  
  

Licensing Requirements

• Mississippi's purpose in requiring licensing for nursing homes is for the protection and promotion of public welfare to ensure that each facility is operated under the minimum requirements for safety, sanitation and service in the form of adequate care.
  
  Any person who applies for a license to operate a nursing home must be at least 21 years of age and in possession of at least three reliable references that speak to the applicant's reputable and responsible character and state of physical and mental health.
  
  The annual license fee, which is due by March 21, is a minimum of $200, with nursing homes having more than ten beds being charged an additional $20 per additional bed. Also, the Department charges what it calls "users fees" that range between $50 and $5,000 that are said to cover the costs of inspections and reviews.
  
  

Inspection Requirements

• All nursing homes are required to be inspected by the Department of Health prior to the issuance of the first license and annually thereafter. The inspections are to ensure that the nursing home is complying will all state minimum standards.
  
  In addition to existing facilities, the Department will also inspect any and all facilities and/or additions that are under construction during the time of the inspection.
  
  

Operational Requirements

• The licensee may serve as the nursing home administrator or adopt a delegate. The owner of the nursing home is considered by law to be the supreme authority of the facility. Both the licensee and the owner are responsible for ensuring that there is a registered nurse on the premises during the day shift in seven day rotations, as well as a Director of Nursing Services, who shall also be a registered nurse, that is present on the day shift five days a week.
  
  The three required nursing staff shifts are 7 a.m. to 3 p.m., 3 p.m. to 11 p.m., and 11 p.m. to 7: a.m.
  
  Finally, all nursing homes are required to have an Emergency Operations Plan (EOP) that is reviewed and approved by the Department's Office of Emergency Preparedness and Response where a copy must be kept on file.