MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Insurance

By: Representative Turner

House Bill 1410

(As Passed the House)

AN ACT TO REQUIRE ANY INSURER, SUBCONTRACTOR, THIRD PARTY ADMINISTRATOR OR OTHER PAYOR THAT ADMINISTERS A HEALTH BENEFIT POLICY ISSUED IN ANOTHER STATE THAT COVERS A PERSON IN THIS STATE TO REIMBURSE PROVIDERS AT THE REIMBURSEMENT RATE AS PROVIDED IN THE STATE OF ISSUANCE, IF THAT REIMBURSEMENT RATE IS HIGHER THAN THE REIMBURSEMENT RATE IN THIS STATE AND IF THE PREMIUM FOR SUCH POLICY WAS BASED ON CERTAIN BENEFITS AND PROVIDER NETWORK REIMBURSEMENTS IN THE ISSUING STATE; TO PROVIDE THAT IF A BENEFIT IS PROVIDED IN THE ISSUING STATE, THAT BENEFIT MUST BE PROVIDED TO COVERED PERSONS IN THIS STATE; TO EXEMPT ERISA AND SELF-FUNDED PLANS FROM THESE PROVISIONS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Any insurer, subcontractor, third-party administrator or other payor that administers a health benefit policy issued in another state that covers a person in this state, shall reimburse providers at the reimbursement rate as provided in the state of issuance, if that reimbursement rate is higher than the reimbursement rate in this state and if the premium for such policy was based on certain benefits and provider network reimbursements in the issuing state.  Furthermore, if a benefit is provided in the issuing state, that benefit must be provided to covered persons in this state.  The Commissioner of Insurance may adopt rules and regulations necessary to ensure policyholder protection and compliance with this section.  ERISA and self-funded plans shall be exempt from this section.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2024.