MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Insurance; Public Health and Welfare

By: Senator(s) Kirby

AN ACT TO REQUIRE HEALTH BENEFIT PLANS TO PROVIDE COVERAGE FOR CHILD IMMUNIZATIONS IN ORDER TO PROMOTE THE PUBLIC HEALTH AND WELFARE OF THE STATE OF MISSISSIPPI; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) In this act, "health benefit plan" means a plan that provides benefits for medical or surgical expenses incurred as a result of a health condition, accident or sickness and that is offered by any insurance company, group hospital service corporation, or health maintenance organization that delivers or issues for delivery an individual, group, blanket or franchise insurance policy or insurance agreement, a group hospital service contract, or an evidence of coverage or, to the extent permitted by the Employee Retirement Income Security Act of 1974 (29 USC Section 1001 et seq.), by a multiple employer welfare arrangement as defined by Section 3, Employee Retirement Income Security Act of 1974 (29 USC Section 1002), or any other analogous benefit arrangement. This term includes health insurance plans offered by the state and its political subdivisions. The term does not include:

(a) A plan that provides coverage:

(i) Only for a specified disease;

(ii) Only for accidental death or dismemberment;

(iii) For wages or payments in lieu of wages for a period during which an employee is absent from work because of sickness or injury; or

(iv) As a supplement to liability insurance.

(b) A Medicare supplemental policy as defined by Section 1882(g)(1), Social Security Act (42 USC Section 1395ss);

(c) Workers' compensation insurance coverage;

(d) Medical payment insurance issued as part of a motor vehicle insurance policy; or

(e) A long-term care policy, including a nursing home fixed indemnity policy, unless the commissioner determines that the policy provides benefit coverage so comprehensive that the policy meets the definition of a health benefit plan.

(2) A health benefit plan that provides benefits for a family member of the insured shall provide coverage for each newly born child of the insured, from birth through the date the child is twenty-four (24) months of age, for:

(a) Immunization against:

(i) Diphtheria;

(ii) Hepatitis B;

(iii) Measles;

(iv) Mumps;

(v) Pertussis;

(vi) Polio;

(vii) Rubella;

(viii) Tetanus; and

(ix) Varicella.

(b) Any other immunization that the Commissioner of Insurance determines to be required by law for the child.

(3) The benefits required under subsection (2) may not be made subject to a deductible, copayment or coinsurance requirement.

(4) This act applies only to a health benefit plan that is delivered, issued for delivery or renewed on or after July 1, 1997. A health benefit plan that is delivered, issued for delivery or renewed before July 1, 1997, is governed by the law as it existed immediately before the effective date of this act, and that law is continued in effect for this purpose.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.