MCA Chapter 125

in effect

Miss. Code Ann. § 41-125-1 Legislative intent.

It is the intent of the Legislature to develop, establish, and enforce licensure and basic standards for prescribed pediatric extended care centers in order to assure that the centers provide the necessary family-centered medical, developmental, physiological, nutritional, psychosocial and family training services.

Miss. Code Ann. § 41-125-3 Definitions.

As used in this chapter, the following terms shall be defined as provided in this section: “Prescribed pediatric extended care center” or “PPEC center” means any building or buildings, or other place, whether operated for profit or not, which undertakes through its ownership or management to provide basic nonresidential services to three (3) or more medically dependent or technologically dependent children who are not related to the owner or operator by blood, marriage or adoption and who require such services.Infants and children considered for admission to a PPEC center must have complex medical conditions that require continual care.Prerequisites for admission are a prescription from the child’s attending physician and consent of a parent or guardian. “Licensing agency” means the State Department of Health. “Basic services” include, but are not limited to, development, implementation and monitoring of a comprehensive protocol of care, developed in conjunction with the parent or guardian, which specifies the medical, nursing, psychosocial and developmental therapies required by the medically dependent or technologically dependent child served as well as the caregiver training needs of the child’s legal guardian. “Owner or operator” means a licensee. “Medical records” means medical records maintained in accordance with accepted professional standards and practices as specified in the rules implementing this chapter. “Medically dependent or technologically dependent child” means a child who because of a medical condition requires continuous therapeutic interventions or skilled nursing supervision which must be prescribed by a licensed physician and administered by, or under the direct supervision of, a licensed registered nurse. “Supportive services or contracted services” include, but are not limited to, speech therapy, occupational therapy, physical therapy, social work, developmental, child life and psychological services.

Miss. Code Ann. § 41-125-5 PPEC centers to be licensed; exemptions.

The licensing agency shall license and regulate all PPEC centers in the state that are not exempt under subsection (2) of this section.A license issued by the department is required for the operation of a PPEC center in this state. A facility, institution or other place operated by the federal government or any agency of the federal government is exempt from the provisions of this chapter.

Miss. Code Ann. § 41-125-7 Separate licenses required; fee; exemption [Repealed effective July 1, 2020].

Separate licenses are required for PPEC centers maintained on separate premises, even though they are operated under the same management. Separate licenses are not required for separate buildings on the same grounds. An applicant or licensee shall pay a fee for each license application and annual license renewal under this chapter and applicable rules. The amount of the fee shall be Twenty Dollars ($20.00) for each licensed bed in the PPEC, with a minimum fee of Five Hundred Dollars ($500.00) and a maximum fee of Five Thousand Dollars ($5,000.00). Any increase in the fee charged by the licensing agency under this subsection shall be in accordance with the provisions of Section 41-3-65. County-operated or municipally operated PPEC centers applying for licensure under this chapter are exempt from the payment of license fees.

Miss. Code Ann. § 41-125-9 Application for license; zoning.

In addition to any other information in the application that is required by the licensing agency, the application must contain the location of the facility for which a license is sought and documentation, signed by the appropriate local government official, which states that the applicant has met local zoning requirements.

Miss. Code Ann. § 41-125-11 Background screening.

The licensing agency shall require criminal record background screening and fingerprinting for personnel by the Mississippi Department of Public Safety.

Miss. Code Ann. § 41-125-13 Denial, suspension, revocation of licensure; administrative fines; grounds.

The licensing agency may deny, revoke, and suspend a license and impose an administrative fine as provided in Section 41-125-15 for the violation of any provision of this chapter, or applicable rules. Any of the following actions by a PPEC center or its employee is grounds for action by the licensing agency against a PPEC center or its employee: An intentional or negligent act materially affecting the health or safety of children in the PPEC center. A violation of the provisions of this chapter, or applicable rules. Multiple and repeated violations of this chapter or of minimum standards or rules adopted under this chapter.

Miss. Code Ann. § 41-125-15 Administrative fines; corrective action plans.

If the licensing agency determines that a PPEC center is not in compliance with this chapter, or applicable rules, the licensing agency may request that the PPEC center submit a corrective action plan that demonstrates a good-faith effort to remedy each violation by a specific date, subject to the approval of the licensing agency. The licensing agency may fine a PPEC center or employee found in violation of this chapter, or applicable rules, in an amount not to exceed Five Hundred Dollars ($500.00) for each violation.Such fine may not exceed Five Thousand Dollars ($5,000.00) in the aggregate. The failure to correct a violation by the date set by the licensing agency, or the failure to comply with an approved corrective action plan, is a separate violation for each day that the failure continues, unless the licensing agency approves an extension to a specific date. In determining if a fine is to be imposed and in fixing the amount of any fine, the licensing agency shall consider the following factors: The gravity of the violation, including the probability that death or serious physical or emotional harm to a child will result or has resulted, the severity of the actual or potential harm, and the extent to which the provisions of the applicable statutes or rules were violated. Actions taken by the owner or operator to correct violations. Any previous violations. The financial benefit to the PPEC center of committing or continuing the violation.

Miss. Code Ann. § 41-125-17 Closing of a PPEC center.

Whenever a PPEC center voluntarily discontinues operation, it shall, at least thirty (30) days before the discontinuance of operation, inform each child’s legal guardian of the fact and the proposed time of the discontinuance.

Miss. Code Ann. § 41-125-19 Rules establishing standards.

To carry out the intention of the Legislature to provide safe and sanitary facilities and healthful programs, the licensing agency shall adopt and publish rules to implement the provisions of this chapter, which shall include reasonable and fair standards.Any conflict between these standards and those that may be set forth in local, county or city ordinances shall be resolved in favor of those having statewide effect.Those standards shall relate to: The assurance that PPEC services are family centered and provide individualized medical, developmental and family training services. The maintenance of PPEC centers, based upon the size of the structure and number of children, relating to plumbing, heating, lighting, ventilation and other building conditions, including adequate space, which will ensure the health, safety, comfort and protection from fire of the children served. The appropriate provisions of the most recent edition of the “Life Safety Code” shall be applied. The number and qualifications of all personnel who have responsibility for the care of the children served. All sanitary conditions within the PPEC center and its surroundings, including water supply, sewage disposal, food handling and general hygiene, and maintenance thereof, which will ensure the health and comfort of children served. Programs and basic services promoting and maintaining the health and development of the children served and meeting the training needs of the children’s parents or legal guardians. Supportive, contracted, other operational and transportation services. Maintenance of appropriate medical records, data and information relative to the children and programs.Those records shall be maintained in the facility for inspection by the agency. The licensing agency shall adopt rules to ensure that: No child attends a PPEC center for more than twelve (12) hours within a twenty-four-hour period. No PPEC center provides services other than those provided to medically or technologically dependent children.

Miss. Code Ann. § 41-125-21 Construction and renovation; requirements.

The requirements for the construction or renovation of a PPEC center shall comply with: All state and local requirements pertaining to building construction standards, including plumbing, electrical code, glass, manufactured buildings, accessibility for the physically disabled; The minimum standards for physical facilities in the Mississippi Child Care Standards; and The standards or rules adopted under this chapter.

Miss. Code Ann. § 41-125-23 Penalty for violation.

Any person who violates any provisions of this chapter is guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than Ten Thousand Dollars ($10,000.00).Each day of continuing violation is a separate offense.