Senate Bill 2401

(As Passed the Senate)

AN ACT TO CREATE A STUDY COMMITTEE ON THE MATTER OF CERTIFICATION OF HEALTH BENEFIT PLANS AND HEALTH INSURANCE ISSUERS THAT PROVIDE FOR THE FINANCING AND DELIVERY OF HEALTH CARE SERVICES TO ENROLLEES; TO PROVIDE FOR THE COMPOSITION OF THE COMMITTEE AND REPORTING; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) There is created a study committee on the matter of certification of health benefit plans and health insurance issuers, as such terms are defined in Section 83-9-6.3, including, but not limited to, health benefit plans that provide for the financing and delivery of health care services to persons enrolled in such plans and the providing of health care services by participating providers. The study committee shall make and file a report of its findings and recommendations, including any recommended legislation, with the Clerk of the House of Representatives and the Secretary of the Senate not later than December 1, 2025.

(2) The study committee shall be composed of the following members:

(a) Three (3) members appointed by the Lieutenant Governor, one (1) of whom shall be the Chairman of the Senate Insurance Committee, one (1) of whom shall be the Chairman of the Senate Public Health and Human Services Committee, and one (1) of whom shall be a medical doctor or other physician member of the Mississippi State Medical Association;

(b) Three (3) members appointed by the Speaker of the House, one (1) of whom shall be the Chairman of the House Insurance Committee, one (1) of whom shall be the Chairman of the House Public Health and Human Services Committee, and one (1) of whom shall be a medical doctor or other physician member of the Mississippi Independent Physician Practice Association;

(c) Three (3) members appointed by the Governor, one (1) of whom shall be the Executive Director of the Department of Finance and Administration or his or her designee, one (1) of whom shall be a president or chief executive officer of a health benefit plan certified by the Department of Insurance or his or her designee, and one (1) of whom shall be an administrator for a hospital or ambulatory surgery center located in Mississippi;

(d) The Commissioner of Insurance or his or her designee; and

(e) The Chairman of the Mississippi State Board of Health or his or her designee.

(3) Appointments shall be made within thirty (30) days after the effective date of this act, and, within fifteen (15) days thereafter on a day to be designated jointly by the Chairman of the Senate Insurance Committee and the Chairman of the House Insurance Committee, the study committee shall meet and organize by selecting from its membership a chairman and a vice chairman. The vice chairman shall also serve as secretary and shall be responsible for keeping all records of the study committee. A majority of the members of the study committee shall constitute a quorum. In the selection of its officers and the adoption of rules, resolutions and reports, an affirmative vote of a majority of the study committee shall be required. All members shall be notified in writing of all meetings, such notices to be mailed or emailed at least fifteen (15) days before the date on which a meeting is to be held.

(4) The study committee shall study and make recommendations regarding the matter of certification of health benefit plans and health insurance issuers, including, but not limited to, health benefit plans that provide for the financing and delivery of health care services to persons enrolled in such plans and the providing of health care services by participating providers pursuant to the Patient Protection Act of 1995, Section 83-41-403, et seq., or other laws and related issues including, but not limited to, measures to address conditions under which participating provider contracts may be amended; access to fee schedules by participating providers; physician advisory committees; billing dispute processes; any willing or authorized participating providers; assignment of plan benefits; regulation of excessive surpluses of plans or their operators; charitable foundations affiliated with health insurance issuers or health benefit plans; and accurate measurement and reporting of market share of health benefit plans, health insurance issuers, and licensed insurance companies that operate health benefit plans or networks.

(5) Members of the study committee who are not legislators, state officials or state employees shall be compensated at the per diem rate authorized by Section 25-3-69 and shall be reimbursed in accordance with Section 25-3-41 for mileage and actual expenses incurred in the performance of their duties. Legislative members of the study committee shall be paid from the contingent expense funds of their respective houses in the same manner as provided for committee meetings when the Legislature is not in session. However, no per diem or expense for attending meetings of the study committee will be paid to members of the study committee while the Legislature is in session. No study committee member may incur per diem, travel or other expenses unless previously authorized by vote, at a meeting of the study committee, which action shall be recorded in the official minutes of the meeting.

(6) The study committee shall use clerical and legal staff already employed by the Legislature and any other staff assistance made available to it. To effectuate the purposes of this section, any department, division, board, bureau, commission or agency of the state or of any political subdivision thereof shall, at the request of the chairman of the study committee, provide to the study committee such facilities, assistance and data as will enable the study committee to properly carry out its task.

SECTION 2. This act shall take effect and be in force from and after July 1, 2025.