Rule 23-102-9.5 - Public InstitutionsA. A public institution is an institution which is the responsibility of a government unit or over which a governmental unit exercises administrative control including: 1. A penal institution or correctional facility is a facility under the control and jurisdiction of the governmental agency in charge of the penal system or a facility in which convicted criminals can be incarcerated, such as a hospital for the criminally insane. This includes state prisons which operate their own hospitals; state mental hospitals and privately-owned prisons under contract to a correctional facility.2. An institution for mental diseases (IMD) is a hospital, nursing facility or other institution of more than sixteen (16) beds which is primarily engaged for providing diagnosis and treatment or care, including medical attention, nursing and convalescent care and related services, to persons with mental diseases.3. Intermediate Care Facility for the Mentally Retarded provides active treatment for individuals with mental retardation.4. A VA nursing facility falls under the definition of a public institution.23 Miss. Code. R. 102-9.5
42 CFR §435.1010 (Rev. 2006).