Text of MS SB 2861 (2023)

MISSISSIPPI LEGISLATURE 2023 Regular Session To: Insurance By: Senator(s) Sojourner, Chism, McDaniel Senate Bill 2861 AN ACT TO AMEND SECTION 83-9-22, MISSISSIPPI CODE OF 1972, TO PROHIBIT A HEALTH COVERAGE PLAN UNDER AN INSURANCE POLICY OR OTHER PLAN PROVIDING HEALTHCARE COVERAGE IN THIS STATE FROM BEING REQUIRED TO PROVIDE COVERAGE FOR ANY GENDER REASSIGNMENT SURGERY OR SERVICE; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. Section 83-9-22, Mississippi Code of 1972, is amended as follows: 83-9-22. (1) (a) Notwithstanding any other provision of the law to the contrary, except as otherwise provided in subsection (3) of this section, no health coverage plan shall restrict coverage for medically appropriate treatment prescribed by a physician and agreed to by a fully informed insured, or if the insured lacks legal capacity to consent by a person who has legal authority to consent on his or her behalf, based on an insured's diagnosis with a terminal condition. Refusing to pay for treatment rendered to an insured near the end of life that is consistent with best practices for treatment of a disease or condition, approved uses of a drug or device, or uses supported by peer reviewed medical literature, is a per se violation of this section. (b) Violations of this section shall constitute an unfair trade practice and subject the violator to the penalties provided by law. (c) As used in this section "terminal condition" means any aggressive malignancy, chronic end-stage cardiovascular or cerebral vascular disease, or any other disease, illness or condition which a physician diagnoses as terminal. (d) As used in this section, a "health coverage plan" shall mean any hospital, health or medical expense insurance policy, hospital or medical service contract, employee welfare benefit plan, contract or agreement with a health maintenance organization or a preferred provider organization, health and accident insurance policy, or any other insurance contract of this type, including a group insurance plan and the State Health and Life Insurance Plan. (2) (a) Notwithstanding any other provision of the law to the contrary, no health benefit paid directly or indirectly with state funds, specifically Medicaid, shall restrict coverage for medically appropriate treatment prescribed by a physician and agreed to by a fully informed individual, or if the individual lacks legal capacity to consent by a person who has legal authority to consent on his or her behalf, based on an individual's diagnosis with a terminal condition. (b) Refusing to pay for treatment rendered to an individual near the end of life that is consistent with best practices for treatment of a disease or condition, approved uses of a drug or device, or uses supported by peer reviewed medical literature, is a per se violation of this section. (c) As used in this section "terminal condition" means any aggressive malignancy, chronic end-stage cardiovascular or cerebral vascular disease, or any other disease, illness or condition which a physician diagnoses as terminal. (3) This section does not require a health coverage plan to cover and pay for the treatment of a person who is a cardholder and registered qualifying patient with medical cannabis that is lawful under the Mississippi Medical Cannabis Act and in compliance with rules and regulations adopted thereunder. (4) A health coverage plan under an insurance policy or other plan providing healthcare coverage in this state shall not be required to provide coverage for any gender reassignment surgery or service. As used in this section, "Gender reassignment surgery or service" means any medical or surgical service that seeks to surgically alter or otherwise remove healthy physical or anatomical characteristics or features that are typical for the individual's biological sex in order to instill or create physiological or anatomical characteristics that resemble a sex different from the individual's biological sex, including without limitation, genital or nongenital gender reassignment surgery performed for the purpose of assisting an individual with a gender transition. SECTION 2. This act shall take effect and be in force from and after July 1, 2023.