MISSISSIPPI LEGISLATURE
2023 Regular Session
To: Insurance
By: Senator(s) Michel
AN ACT TO AMEND SECTION 83‑-9‑-108,
MISSISSIPPI CODE OF 1972, TO PROVIDE THAT ANY GROUP HEALTH PLAN OR A HEALTH
INSURANCE ISSUER OFFERING GROUP OR INDIVIDUAL HEALTH INSURANCE COVERAGE SHALL
NOT IMPOSE ANY COST‑-SHARING
REQUIREMENTS FOR BREAST CANCER SCREENING, DIAGNOSTIC BREAST EXAMINATIONS AND
SUPPLEMENTAL BREAST EXAMINATIONS IF IT PROVIDES THESE BENEFITS TO AN INDIVIDUAL
ENROLLED UNDER SUCH PLAN OR SUCH COVERAGE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section
83‑-9‑-108,
Mississippi Code of 1972, is amended as follows:
83‑-9‑-108.
(1) Every insurer shall offer in each group or individual policy, contract or
certificate of health insurance issued or renewed for persons who are residents
of this state, coverage for annual screenings by low‑-dose
mammography for all women thirty‑-five (35) years of
age or older for the presence of occult breast cancer within the provisions of
the policy, contract or certificate. This coverage shall be offered on an optional
basis, and each primary insured must accept or reject such coverage in writing
and accept responsibility for premium payment.
(2) Such benefits shall be
at least as favorable as for other radiological examinations and subject to the
same dollar limits, deductibles and coinsurance factors. For purposes of this
section, "low‑-dose mammography"
means the x‑-ray examination of
the breast using equipment dedicated specifically for mammography, including
the x‑-ray
tube, filter, compression device, screens, films and cassettes with a radiation
exposure which is diagnostically valuable and in keeping with the recommended "Average
Patient Exposure Guides" as published by the Conference of Radiation
Control Program Directors, Inc.
(3) Except for cancer policies,
nothing in subsections (1) and (2) of this section shall apply to
accident‑-only,
specified disease, hospital indemnity, Medicare supplement, long‑-term
care or limited benefit health insurance policies.
(4) The following terms shall have the meanings ascribed herein:
(a) "Cost‑-sharing
requirements" means a deductible,
coinsurance, copayment and any maximum limitation on the application of such a
deductible, coinsurance, copayment or similar out‑-of‑-pocket
expense.
(b) "Diagnostic breast examinations" means a medically necessary and appropriate examination of the breast, including such an examination using diagnostic mammography, breast magnetic resonance imaging or breast ultrasound, that is:
(i) Used to evaluate an abnormality seen or suspected from a screening examination for breast cancer; or
(ii) Used to evaluate an abnormality detected by another means of examination.
(c) "Supplemental breast examinations" means a medically necessary and appropriate examination of the breast, including such an examination using breast magnetic resonance imaging or breast ultrasound, that is:
(i) Used to screen for breast cancer when there is no abnormality seen or suspected; and
(ii) Based on personal or family medical history, or additional factors that may increase the individual's risk of breast cancer.
(5)
Any group health plan or a health insurance issuer offering group or
individual health insurance coverage shall not impose any cost‑-sharing
requirements for breast cancer screening, diagnostic breast examinations and supplemental
breast examinations if it provides these benefits to an individual enrolled
under such plan or such coverage.
SECTION 2. This act shall take effect and be in force from and after July 1, 2023.