Text of MS SB 2864 (2023)

MISSISSIPPI LEGISLATURE 2023 Regular Session To: Insurance; Medicaid By: Senator(s) Sojourner, Chism, McDaniel Senate Bill 2864 AN ACT TO CREATE NEW SECTION 43-13-117.7, MISSISSIPPI CODE OF 1972, TO PROHIBIT THE DIVISION OF MEDICAID FROM REIMBURSING ANY ENTITY FOR PART OR ALL OF THE COSTS OF CARE AND SERVICES RENDERED FOR GENDER REASSIGNMENT SURGERY OR SERVICES; TO CREATE NEW SECTION 83-9-401, MISSISSIPPI CODE OF 1972, TO PROHIBIT HEALTH COVERAGE PLANS THAT ARE FUNDED WHOLLY OR IN PART BY STATE FUNDS OR STATE-EMPLOYEE CONTRIBUTIONS FROM REIMBURSING OR AUTHORIZING PAYMENT OF PART OR ALL OF THE COSTS OF CARE AND SERVICES RENDERED BY ANY ENTITY FOR GENDER REASSIGNMENT SURGERY OR SERVICES; AND FOR RELATED PURPOSES. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. The following shall be codified as Section 43-13-117.7, Mississippi Code of 1972: (1) For purposes of this section, the following terms shall have the meanings ascribed herein: (a) "Biological sex" means the biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen or subjective experience of gender; (b) "Gender" means the psychological, behavioral, social and cultural aspects of being male or female; (c) "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. (2) The division shall not authorize payment of part or all of the costs of care and services rendered by any entity for gender reassignment surgery or services. SECTION 2. The following shall be codified as Section 83-9-401, Mississippi Code of 1972: (1) For purposes of this section, the following terms shall have the meanings ascribed herein: (a) "Biological sex" means the biological indication of male and female in the context of reproductive potential or capacity, such as sex chromosomes, naturally occurring sex hormones, gonads and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen or subjective experience of gender; (b) "Gender" means the psychological, behavioral, social and cultural aspects of being male or female; (c) "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; (d) "Health coverage plan" shall mean any 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, including a group insurance plan and the State Health Plan. (2) No health coverage plan that is funded wholly or in part by state funds or state-employee contributions shall reimburse or authorize payment of part or all of the costs of care and services rendered by any entity for gender reassignment surgery or services. SECTION 3. This act shall take effect and be in force from and after July 1, 2023.