MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Public Health and Human Services

By: Representative Gipson

House Bill 1150

AN ACT TO PROHIBIT ABORTION COVERAGE IN QUALIFIED HEALTH PLANS OFFERED THROUGH AN EXCHANGE OR OTHER INSTRUMENTALITY OF THE STATE ESTABLISHED BY STATE OR FEDERAL LAW; TO BRING FORWARD SECTION 41-41-91, MISSISSIPPI CODE OF 1972, WHICH RESTRICTS THE USE OF PUBLIC FUNDS FOR ABORTIONS, FOR PURPOSES OF AMENDMENT; AND FOR RELATED PURPOSES.

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

     SECTION 1.  No qualified health plan, or other similar plan, offered through an exchange or other similar instrumentality of the state, or federally administered and offered in the state, established pursuant to state or federal law may provide coverage for abortions or for abortion-related treatments or services.

     SECTION 2.  Section 41-41-91, Mississippi Code of 1972, is brought forward as follows:

     41-41-91.  Notwithstanding any other provision of law to the contrary, no public funds that are made available to any institution, board, commission, department, agency, official, or employee of the State of Mississippi, or of any local political subdivision of the state, whether those funds are made available by the government of the United States, the State of Mississippi, or a local governmental subdivision, or from any other public source, shall be used in any way for, to assist in, or to provide facilities for abortion, except:

          (a)  When the abortion is medically necessary to prevent the death of the mother; or

          (b)  When the abortion is being sought to terminate a pregnancy resulting from an alleged act of rape or incest; or

          (c)  When there is a fetal malformation that is incompatible with the baby being born alive.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2010.