18 Miss. Code. R. 26-2-F
Both federal and state law require long-term care facilities to provide Ombudsman representatives with access to facilities and residents. Moreover, MS law (Section 43-7-67) has been amended and on July 1, 2017 "no individual shall discriminate, retaliate or engage in willful interference against any resident, immediate family, resident representative or an employee of a long-term care facility due to making a complaint or giving information in good faith to the State Ombudsman Program. Any person convicted or violating any provision of this section shall be guilty of a misdemeanor." Ombudsman who encounter willful interference by facility staff or others during the performance of their duties shall immediately report the incident to the State Ombudsman and the appropriate licensing agency. The State Ombudsman shall review the information provided, and conduct further investigation if necessary to confirm the occurrence of the interference or retaliation.
Examples of willful interference include:
* Preventing ombudsman from entering the facility. If the ombudsman is trying to investigate a complaint, it may be necessary to visit the facility after normal visiting hours.
* Refusing to allow ombudsman from speaking confidentially with the residents.
* Refusing to allow the ombudsman access to all areas of the facility, including the kitchen.
* Refusing to allow the ombudsman access to resident records.
If an ombudsman encounters willful interference, the ombudsman shall give a verbal explanation of the Ombudsman Program and a written summary of the laws and regulations prohibiting willful interference. If this is not successful, then the Ombudsman shall provide the same information to the Administrator.
If the interference continues, the State Ombudsman shall submit a written description of the incident, including dates, times, circumstances, history of interference by the individual or facility management and the steps taken by the Ombudsman Program to educate the person interfering and the facility administration, to the appropriate local law enforcement agency.
18 Miss. Code. R. 26-2-F