Senate Bill 2364

AN ACT TO PROVIDE THAT NO PERSON, EMPLOYER OR HEALTH CARE PROVIDER SHALL BE REQUIRED TO PARTICIPATE IN ANY HEALTH CARE SERVICES PAYMENT SYSTEM; TO PERMIT A PERSON OR EMPLOYER TO PAY DIRECTLY FOR LAWFUL HEALTH CARE SERVICES AND TO PERMIT A HEALTH CARE PROVIDER TO ACCEPT DIRECT PAYMENT FROM A PERSON OR EMPLOYER FOR LAWFUL HEALTH CARE SERVICES; TO PROVIDE THAT THE PURCHASE OR SALE OF HEALTH INSURANCE SHALL NOT BE PROHIBITED BY LAW OR RULE; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) To preserve the freedom of Mississippians to provide for their health care:

(a) No person, employer or health care provider shall be required, directly or indirectly, to participate in any health care system.

(b) A person or employer may pay directly for lawful health care services and shall not be required to pay penalties or fines for paying directly for lawful health care services. A health care provider may accept direct payment for lawful health care services and shall not be required to pay penalties or fines for accepting direct payment from a person or employer for lawful health care services.

(2) Subject to reasonable and necessary rules that do not substantially limit a person's options, the purchase or sale of health insurance in private health care systems shall not be prohibited by law or rule.

(3) This section does not:

(a) Affect which health care services a health care provider or hospital is required to perform or provide.

(b) Affect which health care services are permitted by law.

(d) Affect state laws or rules in effect as of January 1, 2014.

(e) Affect the terms or conditions of any health care system to the extent that those terms and conditions do not have the effect of punishing a person or employer for paying directly for lawful health care services or a health care provider or hospital for accepting direct payment from a person or employer for lawful health care services.

(4) For the purposes of this section:

(a) "Require" includes imposition of penalties or fines.

(b) "Direct payment or pay directly" means payment for lawful health care services without a public or private third party, not including an employer, paying for any portion of the service.

(c) "Health care system" means any public or private entity whose function or purpose is the management of, processing of, enrollment of individuals for or payment for, in full or in part, health care services or health care data or health care information for its participants.

(d) "Lawful health care services" means any health-related service or treatment, to the extent that the service or treatment is permitted or not prohibited by law or rule, that may be provided by persons or businesses otherwise permitted to offer such services.

(e) "Penalties or fines" means any civil or criminal penalty or fine, tax, salary or wage withholding or surcharge or any named fee with a similar effect established by law or rule by a government established, created or controlled agency that is used to punish or discourage the exercise of rights protected under this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2014.