MISSISSIPPI LEGISLATURE

2001 Regular Session

To: Public Health and Welfare; Insurance

By: Senator(s) Kirby

AN ACT TO AMEND SECTION 83-41-213, MISSISSIPPI CODE OF 1972, TO ELIMINATE THE REQUIREMENT THAT, FOR REIMBURSEMENT PURPOSES OF CERTAIN HEALTH INSURANCE POLICIES OR PLANS, THE RULES AND REGULATIONS THAT IMPACT THE PRACTICE OF NURSE PRACTITIONERS BE JOINTLY PROMULGATED BY THE MISSISSIPPI BOARD OF NURSING AND THE STATE BOARD OF MEDICAL LICENSURE; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 83-41-213, Mississippi Code of 1972, is amended as follows:

83-41-213. (1) From and after January 1, 2001, whenever any policy of insurance or any medical service plan or hospital service contract or hospital and medical service contract issued, delivered, administered, continued or renewed in this state provides for reimbursement for any service which is within the lawful scope of practice of a duly certified nurse practitioner working under the supervision of a duly licensed physician as provided for by rules and regulations implemented by the Mississippi Board of Nursing under Section 73-15-5(2), the insured or other person entitled to benefits under such policy shall be entitled to reimbursement for such services, whether such services are performed by a duly licensed physician or by a duly certified nurse practitioner working under the supervision of a duly licensed physician, notwithstanding any provision to the contrary in any statute or in such policy, plan or contract. Duly certified nurse practitioners shall be entitled to participate in such policies, plans or contracts providing for the services of nurse practitioners working under the supervision of a duly licensed physician, as authorized by the rules and regulations implemented by the Mississippi Board of Nursing under Section 73-15-5(2). Reimbursement shall be based on services rendered by a duly certified nurse practitioner.

It is the intent of the Legislature by this section to provide for expanded health delivery services and to provide for some reduction of the cost of medical services where possible; and any payments made hereunder shall either be in lieu of payments to physicians or payments to physicians shall be reduced by that amount paid to a nurse practitioner for the performance of authorized services by such practitioner.

(2) Any action taken to prohibit nurses from practicing in a manner consistent with Section 73-15-1 et seq., including any limitation on clinical privileging or performing other activities consistent with standards of nursing practice, is prohibited. * * *

SECTION 2. This act shall take effect and be in force from and after July 1, 2001.