Overview
Mississippi has been active in promoting telehealth services, as one of the first states to enact parity laws for telehealth services in the state. Since before the COVID-19 pandemic, the state has had comprehensive parity laws that require health plans to cover and reimburse telehealth services on the same basis and at the same rate as in-person services. Legislators also put forward a proposal to study and implement a state-based public option.
In the provider market, the state requires healthcare providers to apply for and receive a Certificate of Need (CON) prior to the construction, acquisition, or transfer of ownership of a health care facility. In addition to maintaining a CON program, the legislature has been active in pursuing other strategies to ensure market competition. Mississippi was one of the few states to propose legislation in recent terms that would prohibit anticompetitive contract clauses in provider and insurer contracts, including most-favored nation clauses and all-or-nothing provisions.
Mississippi has also made various attempts to rein in healthcare costs and prescription drug prices in the state. As scrutiny of pharmacy benefit managers continues to intensify across the country, Mississippi became the first state to sue drug makers and PBMs for conspiring to set prices for insulin in a lawsuit filed by the state attorney general. Additionally, to promote transparency in pharmaceutical pricing, the state passed the Prescription Drug Consumer Affordable Alternative Payment Options Act, which allows pharmacists to provide patients with information about affordable alternatives of drugs. Mississippi law also provides robust protection for consumers against surprise medical billing by prohibiting balance billing in both emergency and non-emergency situations.
See below for an overview of existing Mississippi state mandates. Click on citation tab for detailed information of specific statutes (click link to download statute text).
State Action
Latest Legislative Session: 1/5/2021 - 5/15/2021 (2021 term). *Current session bill updates are ongoing. Check back weekly for updates.
HB 10 – Mississippi
Introduced: 2023 Status: Inactive / Dead
An Act To Amend Sections 41-7-173 And 41-7-191, Mississippi Code Of 1972, To Remove Chemical Dependency Services And Facilities From The Requirements Of The Health Care Certificate Of Need Law; And For Related Purposes.
HB 1007 – Mississippi
Introduced: 2021 Status: Inactive / Dead
Medicaid; bring forward provider assessment provisions. An Act To Bring Forward Section 43-13-145, Mississippi Code Of 1972, Which Provides For Certain Provider Assessments That Are Used For Funding The Medicaid Program, For The Purposes Of …
HB 1010 – Mississippi
Introduced: 2021 Status: Inactive / Dead
An Act To Amend Sections 41-9-301 Through 41-9-307, 41-9-309 And 41-9-311, Mississippi Code Of 1972, To Amend The Rural Health Availability Act To Expand Its Application To Include All Hospitals In The State; To Change …
HB 1031 – Mississippi
Introduced: 2021 Status: Inactive / Dead
Medicaid; provide certain requirements for reimbursement for telemedicine services provided by FQHCs and RHCs. An Act To Make Legislative Findings Regarding The Benefits Of Using Telehealth Services; To Provide Certain Requirements For The Division Of …
HB 1032 – Mississippi
Introduced: 2021 Status: Inactive / Dead
Medicaid; exempt durable medical equipment from 5% reduction in provider reimbursement rates. An Act To Amend Section 43-13-117, Mississippi Code Of 1972, To Exempt Durable Medical Equipment And Medical Supplies From The 5% Reduction In …
Miss. Code Ann. § 83-41-309. Powers of health maintenance organization generally; notice of exercise of powers affecting financial condition of organization: Health Maintenance Organization, Preferred Provider Organization and Other Prepaid Health Benefit Plans Protection Act – Mississippi
Introduced: Status: Enacted
The powers of a health maintenance organization are as outlined in this article.
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Miss. Code Ann. § 83-41-313. Quality assurance procedures, programs and activities; maintenance and examination of patient records: Health Maintenance Organizations, Preferred Provider Organization and Other Prepaid Health Benefit Pans Protection Act – Mississippi
Introduced: Status: Enacted
The health maintenance organization shall establish procedures to assure that the health care services provided to enrollees shall be rendered under reasonable standards of quality of care consistent.
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Miss. Code Ann. § 83-41-315. Filing, contents and approval of group and individual contracts and evidence of coverage: Health Maintenance Organization, Preferred Provider Organization and Other Prepaid Health Benefit Plans Protection Act – Mississippi
Introduced: Status: Enacted
Every group and individual contract holder is entitled to a group or individual written contract respectively, the contract shall meet the following requirements.
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Miss. Code Ann. § 83-41-331. Premium Rates: Health Maintenance Organization, Preferred Provider Organization and Other Prepaid Health Benefit Plans Protection Act – Mississippi
Introduced: Status: Enacted
No premium rate may be used until either a schedule of premium rates or methodology for determining premium rates has been filed with and approved by the commisioner.
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Miss. Code Ann. § 83-41-335. Operation of health maintenance organizations by insurance companies and medical service corporations: Health Maintenance Organization, Preferred Provider Organization and Other Prepaid Health Benefit Plans Protection Act – Mississippi
Introduced: Status: Enacted
Insurance companies licensed in the state, or hospitals or medical service coroprorations may contract with health maintenance organizations to provide insurance services within the following regulations.
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Federal Trade Commission and State of Idaho v. St. Luke’s Health System, Ltd and Saltzer Medical Group, P.A. – California, Connecticut, Delaware, Idaho, Illinois, Iowa, Kentucky, Maine, Maryland, Mississippi, Montana, Nevada, New Mexico, Oregon, Pennsylvania, Tennessee, Washington
District Court: District of Idaho Status: Decided
In March 2013, the FTC and the Idaho Attorney General filed a joint complaint challenging the merger betweenSt. Luke’s Health System, Idaho’s largest health system, …
In re: Suboxone Antitrust Litigation (State of Wisconsin, et al. v. Indivior Inc, et al.) – Alabama, Alaska, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Tennessee, Utah, Virginia, Washington, West Virginia, Wisconsin
District Court: E.D. Pennsylvania Status: Pending
In September 2016, 35 state attorneys general and the District of Columbia brought a multi-district case against pharmaceutical manufacturer Indivior, MonoSol RX et al., alleging …
In Re: Generic Pharmaceuticals Pricing Antitrust Litigation – Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, Tennessee, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin
District Court: Eastern District of Pennsylvania Status: Pending
Plaintiffs are attorney generals from 48 states, Puerto Rico, and the District of Columbia, as well as classes of private plaintiffs that filed an antitrust …
Additional Resources
STATE BUDGET
The State of Mississippi fiscal year runs from July 1 through June 30. Mississippi enacted its annual state budget during the regular legislative session. To view Mississippi’s latest appropriation bulletin, click here.
REGULATION & ENFORCEMENT
- Mississippi was one of 16 states to file an amicus brief supporting the FTC’s winning position in the Ninth Circuit appeal of St. Luke’s Health Care Sys. v. FTC, No. 14-35173 (March 7, 2014), decided February 10, 2015. The States’ brief stated that the acceleration of health care costs due to the growth of large health care provider systems had become a matter of grave concern for the states.
KEY RESOURCES
- Mississippi State Legislature
- Mississippi Office of the Attorney General
- Mississippi Insurance Department
- Baptist Memorial Health Care (online cost estimator and comparison tool)
- Mississippi State Department of Health