reglab/statecodes huggingface dataset:
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 39 - BAIL BONDS AND BONDSMEN (§§ 83-39-1 — 83-39-31) › Section 83-39-8 - Managing and closing business upon death of personal surety

If a professional bail agent who acts as a personal surety agent dies, the personal representative of the estate may contract with licensed professional bail agents, soliciting bail agents or bail enforcement agents to assist him in managing and closing the business affairs of the professional bail agent. The licensed professional bail agent, soliciting bail agent or bail enforcement agent contracted by the personal representative may, on behalf of the personal representative, present defendants in court when required, assist in the apprehension and surrender of defendants to the court, or keep defendants under necessary surveillance. Nothing herein shall give the personal representative the authority to execute and sign bail bonds in connection with judicial proceedings.
Laws, 2007, ch. 501, § 1; Laws, 2012, ch. 394, § 3, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 39 - BAIL BONDS AND BONDSMEN (§§ 83-39-1 — 83-39-31) › Section 83-39-9 - Issuance of license

The department upon receipt of the license application, the required fee, and proof of good moral character and, in the case of a professional bail agent, an approved qualification bond in the required amount, shall issue to the applicant a license to do business as a professional bail agent, soliciting bail agent or bail enforcement agent as the case may be.
No licensed professional bail agent shall have in his employ in the bail bond business any person who could not qualify for a license under this chapter, nor shall any licensed professional bail agent have as a partner or associate in such business any person who could not so qualify.
Codes, 1942, § 8745-03; Laws, 1968, ch. 341, § 3; Laws, 1994, ch. 495, § 5, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 39 - BAIL BONDS AND BONDSMEN (§§ 83-39-1 — 83-39-31) › Section 83-39-11 - License fees

Each license application and application for license renewal to engage in the business of professional bail agent shall be accompanied by a fee of One Hundred Dollars ($100.00). Each license application and application for license renewal to engage in the business of soliciting bail agent or bail enforcement agent shall be accompanied by a fee of Forty Dollars ($40.00).
Codes, 1942, § 8745-04; Laws, 1968, ch. 341, § 4; Laws, 1994, ch. 495, § 6; Laws, 2007, ch. 501, § 6, eff. 6/1/2007.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 39 - BAIL BONDS AND BONDSMEN (§§ 83-39-1 — 83-39-31) › Section 83-39-13 - Annual financial statement; maintenance and registration of office physically located in Mississippi municipality or county required; Bail Bond Database

(1)
Each professional bail agent licensed under this chapter, under oath, shall provide to the Insurance Department an annual financial statement. The annual financial statement shall show assets, liabilities and net worth as of the end of the most recent calendar year. The statement shall be submitted annually to the department by June 1.
(2)
(a)
For purposes of applicable examinations, a professional bail agent licensed in this state shall maintain at least one (1) office physically located in any municipality or county in this state, to serve as his principal place of business operations where records pertaining to his bail agent business conducted in Mississippi are maintained and this office location shall be registered with the Insurance Department.
(b)
When applying for an original or renewal license as a professional bail agent, the applicant shall indicate the address of the office location to serve as his principal place of business operations, and this address shall be evidenced on the face of the license issued to the licensee.
(c)
If for any reason the professional bail agent changes the location of his principal place of business operations, removes to another state, or no longer continues in the profession as a bail agent, the bail agent shall register the new location with the department, or notify the department of his removal from the state or his cessation of business as a professional bail agent as appropriate.
(3)
On or before October 1, 2016, the Mississippi Insurance Department shall establish a Bail Bond Database within the department for the reporting of all bail bonds written by personal surety agents and limited surety agents in this state. By November 15, 2016, each bail agent must input his or her bail bond information into the Bail Bond Database for all bonds written from and after October 1, 2016. By the fifteenth day of each subsequent month, each bail agent must update the Bail Bond Database regarding his or her bail bond information for bail bonds written from and after October 1, 2016, and each update must be current through the last day of the previous month. Any bail agent who fails to comply with the provisions of this subsection (3) shall be assessed a fine in an amount not to exceed One Thousand Dollars ($1,000.00) per violation.
Codes, 1942, § 8745-05; Laws, 1968, ch. 341, § 5; Laws, 1984, ch. 436; Laws, 1994, ch. 495, § 7; Laws, 1998, ch. 323, § 7; Laws, 2011, ch. 463, § 5, eff. 7/1/2011.
Reenacted without change by Laws, 2018, ch. 362, HB 1479,§ 3, eff. 7/1/2018.
Amended by Laws, 2016, ch. 446, SB 2664, 3, eff. 7/1/2016.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 39 - BAIL BONDS AND BONDSMEN (§§ 83-39-1 — 83-39-31) › Section 83-39-17 - Hearing

Before any license shall be refused or suspended or revoked, or the renewal thereof refused hereunder, the commissioner shall give notice of his intention to do so, by registered mail, to the applicant or licensee and to the insurer or professional bail agent appointing or employing the applicant or licensee, as the case may be, and shall set a date, not less than twenty (20) days from the date of mailing the notice, when the applicant or licensee and a duly authorized representative of the insurer or professional bail agent may appear to be heard and produce evidence. In the conduct of the hearing, the commissioner or any regular salaried employee specially designated by him for this purpose shall have power to administer oaths, to require the appearance of and examine any person under oath, and to require the production of books, records, or papers relevant to the inquiry upon his own initiative or upon the request of the applicant or licensee. Upon the termination of the hearing, findings shall be reduced to writing and, upon approval by the commissioner, shall be filed in his office and notice of the findings sent by registered mail to the applicant or licensee and the insurer or professional bail agent concerned.
Codes, 1942, § 8745-06; Laws, 1968, ch. 341, § 6; Laws, 1994, ch. 495, § 9; Laws, 2001, ch. 461, § 2, eff. 7/1/2001.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 39 - BAIL BONDS AND BONDSMEN (§§ 83-39-1 — 83-39-31) › Section 83-39-19 - Appeals

Any person aggrieved by an act of the commissioner under the provisions of this chapter may appeal therefrom, within thirty (30) days after receipt of notice thereof, to the circuit court of the county in which is located the domicile of said person by writ of certiorari, upon giving bond with the surety or sureties and in such penalty as shall be approved by the circuit clerk of said county, conditioned that such appellant will pay all costs of the appeal in the event such appeal is not prosecuted successfully. The said circuit court shall have the opportunity and jurisdiction to hear said appeal and render its decision in regard thereto, either in termtime or vacation time.
Actions taken by the commissioner or department in suspending a license, registration or permit when required by Section
93-11-157
or
93-11-163
are not actions from which an appeal may be taken under this section. Any appeal of a suspension of a license, registration or permit that is required by Section
93-11-157
or
93-11-163
shall be taken in accordance with the appeal procedure specified in Section
93-11-157
or
93-11-163
, as the case may be, rather than the procedure specified in this section.
Codes, 1942, § 8745-06; Laws, 1968, ch. 341, § 6; Laws, 1996, ch. 507, § 90, eff. 7/1/1996.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 39 - BAIL BONDS AND BONDSMEN (§§ 83-39-1 — 83-39-31) › Section 83-39-21 - Judicial proceeding in lieu of departmental hearing

The commissioner, in his discretion, in lieu of the hearing provided for in Section
83-39-17
, may file a petition to suspend or revoke any license authorized hereunder in a court of competent jurisdiction of the county or district in which the alleged offense occurred. In such cases, subpoenas may be issued for witnesses, and mileage and witness fees paid by the defendant, if found guilty. If costs cannot be made and collected from the defendant, the costs shall be assessed against the qualification bond if the defendant is a professional bail agent, and if the defendant is a soliciting bail agent or bail enforcement agent, against the employing professional bail agent or his qualification bond.
Any court of competent jurisdiction within this state may suspend or revoke the license of any person licensed under this chapter for any of the following reasons:
(a)
Misappropriation, conversion or unlawful withholding of monies belonging to insured principals or others and received in the conduct of business under a license provided by this chapter.
(b)
Fraudulent or dishonest practices in the conduct of the business under a license provided by this chapter.
(c)
The commission of any act which would prohibit or restrict the licensee from holding a license under this chapter.
The court which suspends or revokes a license under the terms of this chapter, or the clerk thereof, shall promptly furnish the commissioner a copy of the suspension or revocation order.
Codes, 1942, § 8745-06; Laws, 1968, ch. 341, § 6; Laws, 1994, ch. 495, § 10, eff. 7/1/1994.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 39 - BAIL BONDS AND BONDSMEN (§§ 83-39-1 — 83-39-31) › Section 83-39-23 - Notice to sheriff and judicial officials

No sheriff or other official shall accept bond from a professional bail agent unless the bail agent is licensed under this chapter and unless the bail agent shall exhibit to the court a valid certificate or license issued by the department, and the license of the bail agent shall not have been suspended or revoked. The department shall provide notice to the sheriff and municipal law enforcement and to the courts of every county and municipality of any suspension or revocation of a professional, soliciting or bail enforcement license. The department, upon request, may furnish to any sheriff, district, circuit, county or justice court judge or municipal judge additional information which would appropriately identify the duly licensed professional bail agent and insurers whose operation is covered by this chapter.
Codes, 1942, § 8745-07; Laws, 1968, ch. 341, § 7; Laws, 1994, ch. 495, § 11, eff. 7/1/1994.
Amended by Laws, 2014, ch. 479, SB 2677, 3, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 39 - BAIL BONDS AND BONDSMEN (§§ 83-39-1 — 83-39-31) › Section 83-39-25 - Maximum premium, commission or fee; processing fee; holding collateral to insure payment of premium or indemnify for losses

(1)
A professional bail agent or his agent shall charge and collect for his premium, commission, or fee an amount of ten percent (10%) of the amount of bail per bond posted by him, or One Hundred Dollars ($100.00), whichever is greater, except on a bond on a defendant who is charged with a capital offense, or on a defendant who resides outside the State of Mississippi, in which case the premium, commission or fee shall be fifteen percent (15%) of the amount of bail, per bond posted by him, or One Hundred Dollars ($100.00), whichever is greater.
(2)
A professional bail agent or his agent shall also charge an additional Fifty Dollars ($50.00) processing fee on each bond issued by him.
(3)
Nothing herein shall prohibit a professional bail agent or his agent from holding collateral or taking a security interest in collateral for the purpose of insuring the payment of the premium of the bond posted or indemnifying the professional bail agent for losses incurred due to a forfeiture of a bond or the costs of apprehension and surrender of the principal.
(4)
Any fee charged by a professional bail agent or his agent for court-approved electronic monitoring or drug testing shall not be considered part of the premium, commission or fee charged under this section.
Codes, 1942, § 8745-08; Laws, 1968, ch. 341, § 8; Laws, 1994, ch. 495, § 12; Laws, 1994, ch. 634, § 1; Laws, 2001, ch. 350, § 1; Laws, 2007, ch. 501, § 2; Laws, 2009, ch. 520, § 1; Laws, 2011, ch. 463, § 6, eff. 7/1/2011.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 39 - BAIL BONDS AND BONDSMEN (§§ 83-39-1 — 83-39-31) › Section 83-39-27 - Prohibited activities

It is unlawful for a licensee to engage in any of the following activities:
(a)
Specify, suggest or advise the employment of any particular attorney to represent his principal.
(b)
Pay a fee or rebate or give or promise to give anything of value to a jailer, policeman, peace officer, clerk, deputy clerk, any other employee of any court, district attorney or any of his employees or any person who has power to arrest or to hold any person in custody.
(c)
Pay a fee or rebate or give anything of value to an attorney in bail bond matters, except in defense of any act on a bond, or as counsel to represent such bail agent, his agent or employees.
(d)
Pay a fee or rebate or give or promise to give anything of value to the person on whose bond he is surety.
(e)
Pay a fee or rebate or give or promise to give anything of value to any person, other than a soliciting bail agent, for the purpose of procuring a bail bond.
(f)
Accept anything of value from a person on whose bond he is surety, or from others on behalf of such person, except the fee or premium on the bond, but the bail agent may accept collateral security or other indemnity.
(g)
Coerce, suggest, aid and abet, offer promise of favor or threaten any person on whose bond he is surety or offers to become surety, to induce that person to commit any crime.
(h)
Give legal advice or a legal opinion in any form.
(i)
Refuse to return collateral security or other indemnity when the fee or premium on the bond has been fully paid or when the bail agent's obligation on the bond has been terminated.
Codes, 1942, § 8745-09; Laws, 1968, ch. 341, § 9; Laws, 1994, ch. 495, § 13; Laws, 2001, ch. 320, § 1; brought forward without change, Laws, 2010, ch. 466, § 5; Laws, 2011, ch. 463, § 7; Laws, 2012, ch. 394, § 4, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 39 - BAIL BONDS AND BONDSMEN (§§ 83-39-1 — 83-39-31) › Section 83-39-30 - Prohibited activities; illegal business referrals

(1)
Any person licensed under this chapter who pays or gives anything of value, either directly or indirectly, to any law enforcement or judicial official or any employee of any facility where defendants who are or may be eligible for bail are detained or may post bail for the purpose of enticing that official or employee to refer business in any manner to them shall be guilty of a felony subject to imprisonment for not more than five (5) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both. Nothing in this section shall prohibit a bail agent from making political contributions to persons running for public office.
(2)
Any person licensed under this chapter who pays or gives anything of value, either directly or indirectly, or who solicits another person to pay or give anything of value to any convicted inmate or trustee, regardless of whether they are held pretrial or post-conviction in any facility where defendants who are or may be eligible for bail are detained or may post bail for the purpose of enticing that convicted inmate or trustee to refer business in any manner to them shall be guilty of a felony subject to imprisonment for not more than five (5) years or a fine of not more than Fifty Thousand Dollars ($50,000.00), or both.
(3)
Any person who is convicted under this section shall have their license permanently revoked and may not be involved in any bail business in any way.
Added by Laws, 2014, ch. 479, SB 2677, 6, eff. 7/1/2014.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 1 - HOSPITAL SERVICE ASSOCIATIONS [Repealed] (§ 83-41-1) › Section 83-41-1 - through 83-41-19 - [Repealed]

Repealed by Laws, 1997, ch. 307, § 1, eff. 7/1/1997.
Codes, 1942, §§ 5606-5615; Laws, 1936, ch. 177.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 3 - NONPROFIT HOSPITAL, MEDICAL, AND SURGICAL SERVICE CORPORATIONS [Repealed] (§ 83-41-101) › Section 83-41-101 - through 83-41-131 - [Repealed]

Repealed by Laws, 1997, ch. 307, § 2, eff. 7/1/1997.
§ 83-41-101 through § 83-41-123. [Codes, 1942, §§ 5615-01-5615-12; Laws, 1948, ch. 349, §§ 1-12] § 83-41-125. [Codes, 1942, § 5615-13; Laws, 1948, ch. 349, § 13; Laws, 1994, ch. 422, § 4] § 83-41-127. [Codes, 1942, § 5615-14; Laws, 1948, ch. 349, § 14; Laws, 1956, ch. 341; Laws, 1978, ch. 441, § 8] § 83-41-129. [Codes, 1942, § 5615-15; Laws, 1948, ch. 349, § 15] § 83-41-131. [Codes, 1942, § 5615-16; Laws, 1948, ch. 349, § 16; Laws, 1994, ch. 422, § 5]
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 5 - PROVISIONS COMMON TO HOSPITAL, MEDICAL, OR SURGICAL INSURANCE (§§ 83-41-201 — 83-41-219) › Section 83-41-201 - Notice to insured required for cancellation

Whenever any policy of hospital, medical, or surgical insurance issued or renewed after June 11, 1964, shall have been in continuous full force and effect for at least four (4) years with all premiums paid thereon, no insurance company chartered or authorized to do business in the State of Mississippi, or doing business herein, shall be permitted to cancel or refuse to renew its policy of hospital, medical, or surgical insurance issued after said date to a resident citizen of the State of Mississippi without first giving written notice to the insured; and the cancellation or refusal to renew shall not be effective until one (1) year from and after the date of the receipt of such written notice as shown by certified mail sent with return receipt requested. Any effort to cancel a policy of hospital, medical, or surgical insurance or any refusal to accept premiums on such a policy contrary to the provisions of this section shall be ineffective if the policyholder makes an offer to pay the premium as and when due, or within the grace period, and one (1) offer shall be all that is necessary if that offer is refused by the company.
The provisions of this section shall not apply to group and blanket insurance, nor to any policy in which the insurer does not reserve the right to refuse renewal on an individual basis. The provisions of this section shall not prevent cancellation of any hospital, medical, or surgical insurance policy because of duplicate coverage providing for payment of benefits in excess of hospital, medical, nursing, or drug expenses actually incurred.
Codes, 1942, § 5615-31; Laws, 1964, ch. 473, § 1, eff. 6/11/1964.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 5 - PROVISIONS COMMON TO HOSPITAL, MEDICAL, OR SURGICAL INSURANCE (§§ 83-41-201 — 83-41-219) › Section 83-41-203 - Beneficiaries' freedom of choice of practitioner in performance of visual service; optometrists

Whenever any policy of insurance or any medical service plan or hospital service contract or hospital and medical service contract issued in this state provides for reimbursement for any visual service which is within the lawful scope of practice of a duly licensed optometrist as defined in Section
73-19-1
, Mississippi Code of 1972, 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 licensed optometrist, notwithstanding any provision to the contrary in any statute or in such policy, plan or contract. Duly licensed optometrists shall be entitled to participate in such policies, plans, or contracts providing for visual services, as authorized by Sections
73-19-1
and
43-3-67
, Mississippi Code of 1972, to the same extent as duly licensed physicians.
Codes, 1942, § 5615-41; Laws, 1966, ch. 527, § 1, eff. 2/23/1966.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 5 - PROVISIONS COMMON TO HOSPITAL, MEDICAL, OR SURGICAL INSURANCE (§§ 83-41-201 — 83-41-219) › Section 83-41-205 - Individual hospital and medical expense contracts and policies shall provide for continuation of coverage for persons having an intellectual or physical disability

Any individual hospital or medical service plan contract or any individual hospital or medical expense insurance policy delivered or issued for delivery in this state after September 12, 1972, which provides that coverage of a dependent child shall terminate upon attainment of the limiting age for dependent children specified in the contract or policy, shall also provide in substance that attainment of such limiting age shall not operate to terminate the coverage of such child while the child is and continues to be both (a) incapable of self-sustaining employment by reason of having an intellectual disability or a physical disability, and (b) chiefly dependent upon the subscriber or policyholder for support and maintenance, provided proof of such incapacity and dependency is furnished to the hospital or medical service plan corporation or insurer by the subscriber or policyholder within thirty-one (31) days of the child's attainment of the limiting age and subsequently as may be required by the corporation or insurer, but not more frequently than annually after the two-year period following the child's attainment of the limiting age.
Any insurer or hospital service plan corporation continuing dependent coverage beyond the limiting age for dependent children as prescribed by this section, shall have the right to charge the standard adult premium for such coverage.
Codes, 1942, §§ 5615-51, 5615-53; Laws, 1972, ch. 499, §§ 1, 3; Laws, 2010, ch. 476, § 76, eff. 4/1/2010.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 5 - PROVISIONS COMMON TO HOSPITAL, MEDICAL, OR SURGICAL INSURANCE (§§ 83-41-201 — 83-41-219) › Section 83-41-207 - Group hospital and medical expense contracts and policies shall provide for continuation of coverage for persons having an intellectual or physical disability

Any group hospital or medical service plan contract or any group hospital or medical expense insurance policy delivered or issued for delivery in this state after September 12, 1972, which provides that coverage of a dependent child of an employee, insured party, or other member of the covered group shall terminate upon attainment of the limiting age for dependent children specified in the contract or policy, shall also provide in substance that attainment of such limiting age shall not operate to terminate the coverage of such child while the child is and continues to be both (a) incapable of self-sustaining employment by reason of having an intellectual disability or a physical disability, and (b) chiefly dependent upon the employee, insured party, or member for support and maintenance, provided proof of such incapacity and dependency is furnished to the hospital or medical service plan corporation or insurer by the employee, insured party, or member within thirty-one (31) days of the child's attainment of the limiting age and subsequently as may be required by the corporation or insurer, but not more frequently than annually after the two-year period following the child's attainment of the limiting age.
Any insurer or hospital service plan corporation continuing dependent coverage beyond the limiting age for dependent children as prescribed by this section, shall have the right to charge the standard adult premium for such coverage.
Codes, 1942, §§ 5615-52, 5615-53; Laws, 1972, ch. 499, §§ 2, 3; Laws, 2010, ch. 476, § 77, eff. 4/1/2010.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 5 - PROVISIONS COMMON TO HOSPITAL, MEDICAL, OR SURGICAL INSURANCE (§§ 83-41-201 — 83-41-219) › Section 83-41-209 - Beneficiaries' freedom of choice of practitioner in performance of dental services

Whenever any policy of insurance or any medical service plan or hospital service contract or hospital and medical service contract issued in this state provides for reimbursement for any service which is within the lawful scope of practice of a duly licensed dentist, as defined by the laws of the State of Mississippi, 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 licensed dentist, notwithstanding any provision to the contrary in any statute or in such policy, plan or contract; duly licensed dentists shall be entitled to participate in such policies, plans or contracts providing for dental services, as authorized by the laws of the State of Mississippi.
Laws, 1974, ch. 406, eff. 3/25/1974.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 5 - PROVISIONS COMMON TO HOSPITAL, MEDICAL, OR SURGICAL INSURANCE (§§ 83-41-201 — 83-41-219) › Section 83-41-213 - Right of insureds or other beneficiaries to be reimbursed for services performed by physicians or nurse practitioners within lawful scope of their practice

From and after January 1, 1999, 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 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, 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, 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 increased access of health delivery services to the underserved.
Laws, 1979, ch. 469; reenacted, Laws, 1982, ch. 357, § 1; reenacted, Laws, 1984, ch. 330, § 1; reenacted Laws, 1988, ch. 422, § 1; reenacted Laws, 1988, ch. 412, § 1; Laws, 1999, ch. 326, § 2; Laws, 2009, ch. 474, § 3; Laws, 2010, ch. 315, § 3, eff. 7/1/2010.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 5 - PROVISIONS COMMON TO HOSPITAL, MEDICAL, OR SURGICAL INSURANCE (§§ 83-41-201 — 83-41-219) › Section 83-41-214 - Payment by third parties of certified nurse practitioners

A policy or contract providing for third-party payment or prepayment of health or medical expenses shall include a provision for the payment of necessary medical or surgical care and treatment provided by a duly certified nurse practitioner and performed within the scope of the license of the certified nurse practitioner if the policy or contract would pay for the care and treatment if the care and treatment were provided by a person engaged in the practice of medicine and surgery or osteopathic medicine and surgery. The policy or contract shall provide that policyholders and subscribers under the policy or contract may reject the coverage for services which may be provided by a certified nurse practitioner if the coverage is rejected for all providers of similar services. A policy or contract subject to this section shall not impose a practice or supervision restriction which is inconsistent with or more restrictive than the restriction already imposed by law. This section applies to services provided under a policy or contract delivered, issued for delivery, continued, or renewed in this on or after July 1, 1999, and to an existing policy or contract, on the policy's or contract's anniversary or renewal date, whichever is later. This section does not apply to policyholders or subscribers eligible for coverage under Title XVIII of the federal Social Security Act or any similar coverage under a state or federal government plan. For the purposes of this section, third-party payment or prepayment includes an individual or group health care service contract, an individual or group health maintenance organization contract, or a preferred provider organization contract. Nothing in this section shall be interpreted to require an individual or group health maintenance organization, or a preferred provider organization to provide payment or prepayment for services provided by a certified nurse practitioner unless the certified nurse practitioner or the certified nurse practitioner's collaborating physician has entered into a contract or other agreement to provide services with the individual or group health maintenance organization or the preferred provider organization or arrangement.
Laws, 1999, ch. 326, § 1, eff. 7/1/1999.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 5 - PROVISIONS COMMON TO HOSPITAL, MEDICAL, OR SURGICAL INSURANCE (§§ 83-41-201 — 83-41-219) › Section 83-41-215 - Right of beneficiary or insured to reimbursement for services performed by chiropractor; freedom of choice of practitioner and place of services

Whenever any policy of insurance or any medical service plan or hospital service contract or hospital and medical service contract issued in this state provides for reimbursement for any service which is within the lawful scope of practice of a duly licensed chiropractor as defined in Section
73-6-1
, Mississippi Code of 1972, then such service may be performed by a duly licensed chiropractor, and the insured or other person entitled to benefits under such policy, plan or contract shall be entitled to reimbursement for such services. The insured shall have the right to choose the place where the service is to be performed as well as the chiropractor to perform such service, provided that such service shall be performed in the chiropractor's office, clinic or regular place of business.
Laws, 1980, ch. 369, eff. 4/24/1980.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 5 - PROVISIONS COMMON TO HOSPITAL, MEDICAL, OR SURGICAL INSURANCE (§§ 83-41-201 — 83-41-219) › Section 83-41-217 - Direct access to obstetricians/gynecologists to be allowed; status as primary care physicians

Any health care service plan contract that provides hospital, outpatient, medical or surgical coverage that is issued, amended, delivered or renewed in this state shall include obstetricians/gynecologists as primary care physicians and allow direct access to obstetricians/gynecologists by female patients if the obstetrician/gynecologist otherwise meets the policy or contract requirements.
Laws, 1995, ch. 514, § 1, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 5 - PROVISIONS COMMON TO HOSPITAL, MEDICAL, OR SURGICAL INSURANCE (§§ 83-41-201 — 83-41-219) › Section 83-41-219 - Reciprocal time limitations on health insurance claim filing and claim audits; applicability [See Editor's Notes for effective date and applicability]

(1)
If any health insurance issuer or other health insurance benefit payer limits the time in which a health care provider or other person is required to submit a claim for payment, the health insurance issuer or other health insurance benefit payer shall have the same time limit following payment of the claim to perform any review or audit for reconsidering the validity of the claim and requesting reimbursement for payment of an invalid claim or overpayment of a claim.
(2)
If any health insurance issuer or other health insurance benefit payer does not limit the time in which a health care provider or other person is required to submit a claim for payment, the health insurance issuer or other health insurance benefit payer may not request reimbursement or offset another claim payment for reimbursement of an invalid claim or overpayment of a claim more than twelve (12) months after the payment of an invalid or overpaid claim.
(3)
Nothing in this section shall apply to:
(a)
Audits that were opened before July 1, 2012;
(b)
Audits of pharmacies as provided in Section
73-21-175
et seq.;
(c)
Claims submitted by providers for reimbursement under the Mississippi Medicaid Program, except that all audits of claims and payments made by or on behalf of the Division of Medicaid are limited to a maximum of five (5) years after final filing of the claim; and
(d)
Claims submitted in the context of misrepresentation, omission, concealment, or fraud by the health care provider or other person.
Laws, 2010, ch. 393, § 1, and applicable to health care claims submitted for payment on or after that date; Laws, 2012, ch. 532, § 1, eff. 7/1/2012.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 7 - HEALTH MAINTENANCE ORGANIZATION, PREFERRED PROVIDER ORGANIZATION AND OTHER PREPAID HEALTH BENEFIT PLANS PROTECTION ACT (§§ 83-41-301 — 83-41-365) › Section 83-41-301 - Short title

This article may be cited as the Health Maintenance Organization, Preferred Provider Organization and Other Prepaid Health Benefit Plans Protection Act.
Laws, 1995, ch. 613, § 1, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 7 - HEALTH MAINTENANCE ORGANIZATION, PREFERRED PROVIDER ORGANIZATION AND OTHER PREPAID HEALTH BENEFIT PLANS PROTECTION ACT (§§ 83-41-301 — 83-41-365) › Section 83-41-307 - Transmission of copies of application for certificate of authority to State Health Officer; duties of State Health Officer; grant or denial of certificate of authority

(1)
(a)
Upon receipt of an application for issuance of a certificate of authority, the commissioner shall forthwith transmit copies of the application and accompanying documents to the State Health Officer.
(b)
The State Health Officer shall determine whether the applicant for a certificate of authority, with respect to health care services to be furnished has complied with Section
83-41-313
.
(c)
Within forty-five (45) days of receipt of the application for issuance of a certificate of authority, the State Health Officer shall certify to the commissioner that the proposed health maintenance organization meets the requirements of Section
83-41-313
or notify the commissioner that the health maintenance organization does not meet the requirements and specify deficiencies.
(2)
The commissioner shall within forty-five (45) days of receipt of certification or notice of deficiencies from the State Health Officer issue a certificate of authority to any person filing a completed application upon receiving the prescribed fees and upon the commissioner being satisfied that:
(a)
The persons responsible for the conduct of the affairs of the applicant are competent, trustworthy and possess good reputations;
(b)
Any deficiencies identified by the State Health Officer have been corrected and the State Health Officer has certified to the commissioner that the health maintenance organization's proposed plan of operation meets the requirements of Section
83-41-313
and other related regulations;
(c)
The health maintenance organization will effectively provide or arrange for the provision of basic health care services on a prepaid basis, through insurance or otherwise, except to the extent of reasonable requirements for copayments and/or deductibles; and
(d)
The health maintenance organization is in compliance with Sections
83-41-325
and
83-41-329
.
(3)
A certificate of authority shall be denied only after the commissioner complies with the requirements of Section
83-41-339
.
Laws, 1995, ch. 613, § 4, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 7 - HEALTH MAINTENANCE ORGANIZATION, PREFERRED PROVIDER ORGANIZATION AND OTHER PREPAID HEALTH BENEFIT PLANS PROTECTION ACT (§§ 83-41-301 — 83-41-365) › Section 83-41-309 - Powers of health maintenance organization generally; notice of exercise of powers affecting financial condition of organization

(1)
The powers of a health maintenance organization include, but are not limited to, the following:
(a)
The purchase, lease, construction, renovation, operation or maintenance of hospitals, medical facilities, or both, and their ancillary equipment, and any property as may reasonably be required for its principal office or for those purposes as may be necessary in the transaction of the business of the organization;
(b)
Transactions between affiliated entities, including loans and the transfer of responsibility under all contracts between affiliates loans from the health maintenance organization to a parent are prohibited without prior approval in writing from the commissioner;
(c)
The furnishing of health care services through providers, provider associations or agents for providers which are under contract with or employed by the health maintenance organization;
(d)
The contracting with any person for the performance on its behalf of certain functions such as marketing, enrollment and administration provided all entities are qualified under this article;
(e)
The contracting with an insurance company licensed in this state, or with a hospital or medical service corporation authorized to do business in this state, for the provision of insurance, indemnity or reimbursement against the cost of health care services provided by the health maintenance organization;
(f)
The offering of other health care services, in addition to basic health care services. Non-basic health care services may be offered by a health maintenance organization on a prepaid basis without offering basic health care services to any group or individual;
(g)
The joint marketing of products with an insurance company licensed in this state or with a hospital or medical service corporation authorized to do business in this state as long as the company that is offering each product is clearly identified.
(2)
(a)
A health maintenance organization shall file notice, with adequate supporting information, with the commissioner prior to the exercise of any power granted in subsection 1(a), (b) or (d) which may affect the financial condition of the health maintenance organization. The commissioner shall disapprove an exercise of power only if in his opinion it would substantially and adversely affect the financial condition of the health maintenance organization and endanger its ability to meet its obligations.
(b)
The commissioner may promulgate rules and regulations exempting from the filing requirement of paragraph (a) those activities having a de minimis effect.
Laws, 1995, ch. 613, § 5, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 7 - HEALTH MAINTENANCE ORGANIZATION, PREFERRED PROVIDER ORGANIZATION AND OTHER PREPAID HEALTH BENEFIT PLANS PROTECTION ACT (§§ 83-41-301 — 83-41-365) › Section 83-41-311 - Bonds or insurance for directors, officers, employees, partners and contractors

(1)
Any director, officer, employee, contractor or partner of a health maintenance organization who receives, collects, disburses or invests funds in connection with the activities of such organization shall be responsible for the funds in a fiduciary relationship to the organization.
(2)
A health maintenance organization shall maintain in force a fidelity bond or fidelity insurance on employees and officers, directors and partners in an amount not less than Two Hundred Fifty Thousand Dollars ($250,000.00) for each health maintenance organization or a maximum of Five Million Dollars ($5,000,000.00) in aggregate maintained on behalf of health maintenance organizations owned by a common parent corporation, or such sum as may be prescribed by the commissioner.
Laws, 1995, ch. 613, § 6, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 7 - HEALTH MAINTENANCE ORGANIZATION, PREFERRED PROVIDER ORGANIZATION AND OTHER PREPAID HEALTH BENEFIT PLANS PROTECTION ACT (§§ 83-41-301 — 83-41-365) › Section 83-41-317 - Filing of annual reports, financial statements, etc

(1)
Every health maintenance organization shall annually, on or before the first day of March, file a report verified by at least two (2) principal officers with the commissioner, with a copy to the State Health Officer, covering the preceding calendar year. Such report shall be on and in accordance to the National Association of Insurance Commissioner's Annual Statement Blanks and Instruction thereto and the NAIC Accounting Practices and Procedures Manual. The health maintenance organization shall file by the first day of March of each year, unless otherwise stated:
(a)
Audited financial statements on or before June 1;
(b)
A list of the providers who have executed a contract that complies with Section
83-41-325(12)
; and
(c)
(i)
A description of the grievance procedures, and
(ii)
The total number of grievances handled through such procedures, a compilation of the causes underlying those grievances, and a summary of the final disposition of those grievances.
(2)
The commissioner may require such additional reports as are deemed necessary and appropriate to enable the commissioner to carry out his duties and responsibilities under this article.
Laws, 1995, ch. 613, § 9, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 7 - HEALTH MAINTENANCE ORGANIZATION, PREFERRED PROVIDER ORGANIZATION AND OTHER PREPAID HEALTH BENEFIT PLANS PROTECTION ACT (§§ 83-41-301 — 83-41-365) › Section 83-41-319 - Provision of information and notices to subscribers

(1)
The health maintenance organization shall provide to its subscribers a list of providers, upon enrollment, re-enrollment or at a minimum annually.
(2)
Every health maintenance organization shall provide within thirty (30) days to its subscribers notice of any material change in the operation of the organization that will affect them directly.
(3)
An enrollee must be notified in writing by the health maintenance organization of the termination of the primary care provider who provided health care services to that enrollee, if the plan operates on a formal gatekeeper concept. The health maintenance organization shall provide assistance to the enrollee in transferring to another participating primary care provider.
(4)
The health maintenance organization shall provide to subscribers information on how services may be obtained, where additional information on access to services can be obtained and a number where the enrollee can contact the health maintenance organization, at no cost to the enrollee.
Laws, 1995, ch. 613, § 10, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 7 - HEALTH MAINTENANCE ORGANIZATION, PREFERRED PROVIDER ORGANIZATION AND OTHER PREPAID HEALTH BENEFIT PLANS PROTECTION ACT (§§ 83-41-301 — 83-41-365) › Section 83-41-321 - Grievance procedures

(1)
Every health maintenance organization shall establish and maintain a grievance procedure which has been approved by the commissioner, after consultation with the State Health Officer, to provide procedures for the resolution of grievances initiated by enrollees. The health maintenance organization shall maintain records regarding grievances received since the date of its last examination of such grievances.
(2)
The commissioner or the State Health Officer may examine such grievance procedures.
Laws, 1995, ch. 613, § 11, eff. 7/1/1995.
Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 41 - HOSPITAL AND MEDICAL SERVICE ASSOCIATIONS AND CONTRACTS (§§ 83-41-1 — 83-41-417) › Article 7 - HEALTH MAINTENANCE ORGANIZATION, PREFERRED PROVIDER ORGANIZATION AND OTHER PREPAID HEALTH BENEFIT PLANS PROTECTION ACT (§§ 83-41-301 — 83-41-365) › Section 83-41-323 - Funds

With the exception of investments made in accordance with Section
83-41-309(1)(a)
, the funds of a health maintenance organization shall be invested only in accordance with investment permitted by the laws of the State of Mississippi for life insurance companies (Section
83-19-51
et seq., Mississippi Code of 1972).
Laws, 1995, ch. 613, § 12, eff. 7/1/1995.