Mississippi Code 1972 (2023) › Title 83 - INSURANCE (§§ 83-1-1 — 83-NEW-004) › Chapter 71 - UNFAIR DISCRIMINATION AGAINST SUBJECTS OF ABUSE IN HEALTH, LIFE, AND DISABILITY INCOME INSURANCE (§§ 83-71-1 — 83-71-115) › DISCRIMINATION AGAINST SUBJECTS OF ABUSE IN HEALTH INSURANCE (§§ 83-71-1 — 83-71-15) › Section 83-71-5 - Definitions

As used in Sections
83-71-1
through
83-71-15
, unless the context clearly indicates otherwise:
(a)
"Abuse" means the occurrence of one or more of the following acts by a current or former family member, household member, intimate partner or caretaker:
(i)
Attempting to cause or intentionally, knowingly or recklessly causing another person bodily injury, physical harm, severe emotional distress, psychological trauma, rape, sexual assault or involuntary sexual intercourse;
(ii)
Knowingly engaging in a course of conduct or repeatedly committing acts toward another person, including following the person or minor child without proper authority, under circumstances that place the person or minor child in reasonable fear of bodily injury or physical harm;
(iii)
Subjecting another person to false imprisonment; or
(iv)
Attempting to cause or intentionally, knowingly or recklessly causing damage to property so as to intimidate or attempt to control the behavior of another person.
(b)
"Abuse-related medical condition" means a medical condition sustained by a subject of abuse which arises in whole or part out of abuse.
(c)
"Abuse status" means the fact or perception that a person is, has been or may be a subject of abuse, irrespective of whether the person has sustained abuse-related medical conditions.
(d)
"Commissioner" means the Commissioner of Insurance of the State of Mississippi.
(e)
"Confidential abuse information" means information about acts of abuse or abuse status of a subject of abuse, a person's medical condition that the carrier knows or has reason to know is abuse-related, the address and telephone number (home and work) of a subject of abuse or the status of an applicant or insured as a family member, employer or associate of, or a person in a relationship with, a subject of abuse.
(f)
"Health benefit plan" or "plan" means a policy, contract, certificate or agreement offered by a carrier or insurance professional to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services. Health benefit plan includes accident only, credit health, dental, vision, Medicare supplement or long-term care insurance, coverage issued as a supplement to liability insurance, short-term and catastrophic health insurance policies and a policy that pays on a cost-incurred basis. Health benefit plan does not include workers' compensation or similar insurance.
(g)
"Health carrier" means an entity subject to the insurance laws and regulations of this state, or subject to the jurisdiction of the commissioner, that contracts or offers to contract to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services, including a sickness and accident insurance company, a health maintenance organization, a nonprofit hospital and health service corporation or any other entity providing a plan of health insurance, health benefits or health services.
(h)
"Insurance professional" means an agent, insurance producer, adjuster or third-party administrator as defined in the insurance laws of this state.
(i)
"Insured" means a party named on a health benefit plan as the person with legal rights to the benefits provided by the health benefit plan. For group plans, "insured" includes a person who is a beneficiary covered by a group health benefit plan.
(j)
"Subject of abuse" means a person: against whom an act of abuse has been directed; who has current or prior injuries, illnesses or disorders that resulted from abuse; or who seeks, may have sought or had reason to seek medical or psychological treatment for abuse, or protection, court-ordered protection or shelter from abuse.
Laws, 2010, ch. 455, § 3, eff. 7/1/2010.