Mississippi Code

Miss. Code Ann. § 43-11-9 (2026)

Issuance and renewal of license for institution for aged or infirm or personal care home; user fee

✓ current as of July 2026

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(1) Upon receipt of an application for license and the license fee, the licensing agency shall issue a license if the applicant and the institutional facilities meet the requirements established under this chapter and the requirements of Section 41-7-173 et seq., where determined by the licensing agency to be applicable. A license, unless suspended or revoked, shall be renewable annually upon payment by (a) the licensee of an institution for the aged or infirm, except for personal care homes, of a renewal fee of Twenty Dollars ($20.00) for each bed in the institution, with a minimum fee per institution of Two Hundred Dollars ($200.00), or (b) the licensee of a personal care home of a renewal fee of Fifteen Dollars ($15.00) for each bed in the institution, with a minimum fee per institution of One Hundred Dollars ($100.00), which shall be paid to the licensing agency, and upon filing by the licensee and approval by the licensing agency of an annual report upon such uniform dates and containing such information in such form as the licensing agency prescribes by regulation. 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. Each license shall be issued only for the premises and person or persons or other legal entity or entities named in the application and shall not be transferable or assignable except with the written approval of the licensing agency. Licenses shall be posted in a conspicuous place on the licensed premises.

(2) A fee known as a "User Fee" shall be applicable and shall be paid to the licensing agency as set out in subsection (1) of this section. 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. This user fee shall be assessed for the purpose of the required reviewing and inspections of the proposal of any institution in which there are additions, renovations, modernizations, expansion, alterations, conversions, modifications or replacement of the entire facility involved in such proposal. This fee includes the reviewing of architectural plans in all steps required. There shall be a minimum user fee of Fifty Dollars ($50.00) and a maximum user fee of Five Thousand Dollars ($5,000.00).

(3) No governmental entity or agency shall be required to pay the fee or fees set forth in this section.

Codes, 1942, § 6964-05; Laws, 1952, ch. 384, § 5; Laws, 1979, ch. 445, § 7; Laws, 1980, ch. 493, § 19; Laws, 1986, ch. 437, § 30; Laws, 1986, ch. 500, § 31; Laws, 1998, ch. 433, § 9, eff. 7/1/1998.

Reenacted by Laws, 2020, ch. 473, SB 2311,§ 30, eff. 7/1/2020.

Amended by Laws, 2016, ch. 510, HB 289, 30, eff. 7/1/2016, rep. 7/1/2020, repeal date removed by Laws, 2020, ch. 473, SB 2311,§ 6, eff. 7/1/2020.

Notes of Decisions

Cited in 2 cases, 2008–2009 · leading case: Zumwalt v. Jones Cnty. Bd. of Supervisors, 19 So. 3d 672 (Miss. 2009).

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Zumwalt v. Jones Cnty. Bd. of Supervisors, 19 So. 3d 672 (Miss. 2009). · cites it 2× “Miss.Code Ann. § 43-11-9 (Rev.2004); 15-301-045 Miss.”

Donna D. Zumwalt v. Jones Cnty. Bd. of Supervisors (Miss. 2008). “Miss. Code Ann. § 43-11-11 (Rev. 2004). Renewal of licenses is not automatic.”

— Miss. Code Ann. § 43-11-9(1) — 1 case

Zumwalt v. Jones Cnty. Bd. of Supervisors, 19 So. 3d 672 (Miss. 2009). “Miss.Code Ann. § 43-11-9 (Rev.2004); 15-301-045 Miss.”

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