Start a Care Business

Care business licensing, state by state

Starting a care business in Mississippi

Written by Editorial team Reviewed against MSDH Child Care sources Last reviewed How we review

In Mississippi one agency, the State Department of Health (MSDH), licenses both child care and the care businesses that serve adults, through two separate offices. The harder question is often whether a license exists at all: home health is closed to new agencies by a certificate-of-need moratorium, while adult day programs and non-medical home care have no MSDH license, only Medicaid waiver enrollment.

Child care sits with MSDH's Bureau of Child Care Facilities Licensure, not with the Department of Human Services. MDHS enters only when you want subsidy families through the Child Care Payment Program, and it requires an MSDH license first. A home with no more than five children, counting your own, is a child care family home with a $130 application fee and a $50 license fee. Six or more unrelated children under 13 makes you a child care facility; six to twelve children in the operator's own home is a facility tier with its own rule set, and centers follow rules that took effect February 26, 2026. MSDH tells center applicants not to sign a lease or buy a building until a licensing inspector has visited it.

One child care question is not settled in the official sources. The statute and MSDH's application page start licensing at six unrelated children, yet the family home rules say a family home may not operate without meeting their standards, and the subsidy program accepts only licensed homes. If you plan a small private-pay home, ask the bureau at (601) 364-2827 whether you need a license and keep the answer in writing.

Mississippi has no license called "assisted living facility." It licenses personal care homes in two classes: Residential Living for residents who need help with daily activities, and Personal Care Home - Assisted Living, which adds medication administration and a licensed nurse on the premises eight hours a day. Neither class needs a certificate of need, and only the Assisted Living license qualifies a home for the Medicaid Assisted Living Waiver. MSDH also has rules for an adult foster care facility, but its October 2026 facilities directory lists no adult foster care homes, while small homes of 10 or 12 beds appear as Residential Living. Ask the Health Facilities division which license it would issue before you buy a house. The rules for both kinds of home leave the license fees to the State Board of Health and do not print the amounts.

A new home health agency cannot be licensed today. The license requires a certificate of need, and the Legislature reaffirmed the moratorium on new home health CONs effective April 17, 2026. The remaining way in is to buy an existing agency, which starts with a notice to MSDH's Health Planning office and a $2,500 processing fee; you keep only the counties printed on the seller's license. Medicare is also closed to new agencies under a six-month federal enrollment moratorium that began May 13, 2026, and Mississippi Medicaid pays only agencies certified for Medicare.

Adult day care and non-medical home care, such as personal care attendants and in-home respite, have no MSDH license in the sources checked. The state touches them only if you bill the Medicaid Elderly and Disabled Waiver. To enroll, you pass a mandatory orientation exam with a score of at least 85, show that your business has provided the service for at least a year, and keep an office with a physical address that is not in or on the grounds of a personal residence for six months before enrollment. Adult day centers on the waiver also need at least two people present whenever participants are there, one of them a paid employee, and a licensed nurse on site at least eight hours a week.

MS

Mississippi agencies

Who licenses and oversees care businesses

MSDH Child Care
Mississippi State Department of Health, Bureau of Child Care Facilities Licensure. Licenses child care family homes and child care facilities, including homes caring for 6 to 12 children
msdh.ms.gov, 601-364-2827
MSDH Licensure
Mississippi State Department of Health, Health Facilities Licensure and Certification. Licenses personal care homes (Assisted Living and Residential Living), adult foster care facilities and home health agencies; certificates of need go through MSDH Health Planning
msdh.ms.gov, 601-364-1100
Medicaid
Mississippi Division of Medicaid, Office of Long-Term Care. Enrolls adult day care, personal care and in-home respite providers in the Elderly and Disabled Waiver; these services have no state license
medicaid.ms.gov

Licenses for care businesses in Mississippi

Compare states
Mississippi care business licenses by type: requirement, official name, agency and size threshold
Business type What the state requires Official license name Agency Size threshold
Family child care home License required Child Care Family Home license Mississippi State Department of Health (MSDH), Bureau of Child Care Facilities Licensure Up to 5 children under 13 in your home, counting your own. A home caring for 6 to 12 children is licensed as a child care facility under a separate rule set for homes with 12 or fewer children.
Child care center License required Child Care Facility license Mississippi State Department of Health (MSDH), Bureau of Child Care Facilities Licensure Care for 6 or more children under 13 who are not related to the operator, for any part of the day, for profit or not
Assisted living facility License required Personal Care Home - Assisted Living license Mississippi State Department of Health, Health Facilities Licensure and Certification Any place open 24 hours a day, 7 days a week that takes people who need assisted living services; the rules set no minimum number of residents. A lower-acuity Personal Care Home - Residential Living license also exists.
Small residential care home License required Adult Foster Care Facility license Mississippi State Department of Health, Health Facilities Licensure and Certification Personal care in a protective home setting; the rules set no bed limit, and the license states the number of beds, which you may not exceed.
Adult day care Medicaid/Medicare certification only Adult Day Care provider, Elderly & Disabled Waiver Mississippi Division of Medicaid, Office of Long-Term Care No state license; only Medicaid waiver enrollment, which requires a year in business and a non-residential office
Non-medical home care agency Medicaid/Medicare certification only Personal Care Services provider, Elderly & Disabled Waiver Mississippi Division of Medicaid, Office of Long-Term Care No state license; only Medicaid waiver enrollment for personal care and in-home respite
Home health agency License required Home Health Agency license Mississippi State Department of Health, Health Facilities Licensure and Certification Nursing, therapy or aide services in clients' homes. A certificate of need is required, and the state has a moratorium on new ones.

License names link to our guide where we have one, otherwise to the agency’s own page.

5 children is the family home limit

A child care family home may care for no more than five children at a time, and your own children count. Six or more needs a child care facility license.

8 hours of nurse time a day

A Personal Care Home - Assisted Living must have a licensed nurse on the premises eight hours a day. A Residential Living home has no such requirement.

No new CONs for home health agencies

A home health license requires a certificate of need, and the moratorium on new ones was reaffirmed in April 2026. Buying an existing agency is the remaining route.

Mississippi guides

All guides
  1. Mississippi adult foster care facility license: rules on the books, no homes listed

    Mississippi adult foster care facilities: the three license classes, MSDH Chapter 83 rules, staffing, sprinklers, admission limits and the Residential Living alternative.

    Mississippi · Small residential care homeReviewed

  2. Mississippi child care facility license: how a center gets licensed by MSDH

    Opening a child care center in Mississippi: the six-child threshold, MSDH capacity math, ratios, director qualifications, the pre-opening packet, fees and CCPP.

    Mississippi · Child care centerReviewed

  3. Licensing a child care family home in Mississippi (5 or fewer children)

    How the Mississippi State Department of Health licenses home daycares for 5 or fewer children: who counts, the 22-item packet, $130 + $50 fees, director rules, subsidy.

    Mississippi · Family child care homeReviewed

  4. Mississippi home health agency license: the CON moratorium and how agencies change hands

    Mississippi home health agencies need an MSDH license and a certificate of need, but the CON moratorium was reaffirmed in April 2026. Here is what new owners can do.

    Mississippi · Home health agencyReviewed

  5. Mississippi Personal Care Home - Assisted Living license: MSDH rules and steps

    How MSDH licenses a Mississippi Personal Care Home - Assisted Living: the eight-hour nurse rule, staff ratios, plan review, admission limits and the Medicaid waiver.

    Mississippi · Assisted living facilityReviewed

Other states

All states