Bill Text: MS HB979 | 2026 | Regular Session | Introduced
Bill Title: Medicaid; exclude from participation any providers that perform or are affiliated with performance of abortions.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-02-03 - Died In Committee [HB979 Detail]
Download: Mississippi-2026-HB979-Introduced.html
MISSISSIPPI LEGISLATURE
2026 Regular Session
To: Medicaid
By: Representative Currie
House Bill 979
AN ACT TO DIRECT ALL STATE AGENCIES, DEPARTMENTS AND INSTITUTIONS TO IMMEDIATELY CEASE PROVIDING STATE FUNDS TO ANY INDIVIDUAL OR ENTITY THAT IS DIRECTLY AFFILIATED WITH A PHYSICIAN, MEDICAL PRACTICE OR OTHER ORGANIZATION PROVIDING ABORTION SERVICES OR FACILITATING THE PROCUREMENT OF ABORTION SERVICES; TO AMEND SECTION 43-13-117.4, MISSISSIPPI CODE OF 1972, TO DIRECT THE DIVISION OF MEDICAID TO INITIATE A COMPREHENSIVE REVIEW AND REVISION OF ITS PROVIDER CREDENTIALING STANDARDS TO ENSURE THAT ONLY PROVIDERS WHO ARE FULLY ALIGNED WITH MISSISSIPPI'S PUBLIC POLICY OBJECTIVES, INCLUDING THE PROTECTION OF UNBORN LIFE, ARE ELIGIBLE TO PARTICIPATE IN THE MEDICAID PROGRAM; TO DIRECT THE DIVISION TO IMMEDIATELY TERMINATE OR DECLINE TO RENEW ANY CONTRACT, MEMORANDUM OR AGREEMENT WITH ANY MEDICAID PROVIDER OR ENTITY THAT IS NOT FULLY ALIGNED WITH MISSISSIPPI'S PUBLIC POLICY OBJECTIVES; TO DIRECT THE DIVISION TO UPDATE ITS CREDENTIALING AND CONTRACTING PROCEDURES TO EXCLUDE FROM NEW OR RENEWED PARTICIPATION IN THE MEDICAID PROGRAM ANY PROVIDER OR ENTITY THAT PERFORMS, REFERS FOR, OR IS AFFILIATED WITH THE PERFORMANCE OF ABORTIONS NOT PERMITTED UNDER STATE LAW, OR IS UNDER COMMON OWNERSHIP OR CONTROL WITH AN ENTITY THAT IS ENGAGED IN ABORTION-RELATED ACTIVITIES INCONSISTENT WITH STATE LAW; TO DIRECT THE DIVISION TO REQUIRE, AS A CONDITION OF PARTICIPATION IN THE MEDICAID PROGRAM, THAT ALL PROVIDERS SUBMIT A SIGNED ATTESTATION DISCLOSING WHETHER THEY OR ANY RELATED ENTITIES ENGAGE IN ABORTION-RELATED ACTIVITIES; TO DIRECT THE DIVISION TO ADOPT APPROPRIATE PROCEDURES TO VERIFY COMPLIANCE WITH THE REQUIREMENTS OF THIS ACT AND AUTHORIZE THE DIVISION TO TAKE ANY NECESSARY ENFORCEMENT ACTIONS FOR ANY PROVIDER FOUND TO BE IN VIOLATION OF THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES.
WHEREAS, the State of Mississippi has long maintained a compelling interest in promoting a culture of life and ensuring that public taxpayer dollars do not directly or indirectly support
abortion or abortion-affiliated providers; and
WHEREAS, the Division of Medicaid administers the
Medicaid program, which is jointly funded by the state and federal
governments; and
WHEREAS, the division has the authority and obligation to determine the qualifications of providers seeking participation in the Medicaid program, and may exclude those who do not
meet applicable standards, including standards consistent with state public policy; and
WHEREAS, on June 26, 2025, the United States Supreme Court in Medina v. Planned Parenthood South Atlantic, 606 U.S. 357 (2025), reaffirmed the principle that states retain primary
authority to determine the qualifications of Medicaid providers and are not subject to private rights of action under 42 USC Section 1983 for excluding abortion-affiliated providers under state-defined criteria; and
WHEREAS, Mississippi already prohibits the use of Medicaid funds for abortion services except as required by federal law, and has excluded abortion providers from its Medicaid program
in keeping with that policy; however, abortion providers may still be subsidized by state funds intended for other women's health and family planning services; NOW, THEREFORE,
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. All state agencies, departments and institutions shall immediately cease providing state funds, whether through grant, contract, state-administered federal funds, or any other form, to any individual or entity that is directly affiliated with a physician, medical practice or other organization providing abortion services or facilitating the procurement of abortion services.
SECTION 2. Section 43-13-117.4, Mississippi Code of 1972, is amended as follows:
43-13-117.4. (1) Notwithstanding any other provision of Section 43-13-117, the division shall not authorize payment of part or all of the costs of care and services rendered by any entity that performs nontherapeutic abortions, maintains or operates a facility where nontherapeutic abortions are performed, or is affiliated with such an entity. For purposes of this provision, "nontherapeutic abortions" means abortions that are not qualified for federal matching funds under the Medicaid program, 42 USC Section 1396 et seq., and as amended hereafter, and "affiliated with" means having a legal relationship with another entity created or governed by one or more written instruments that demonstrates common control, ownership, franchisee status or management, or that grants a license or other authority to utilize the other entity's brand name, trademark, service mark or other registered identification mark.
(2) (a) For the purpose of this subsection (2), the term "abortion" has the same definition as provided in Section 41-41-45.
(b) The division shall initiate a comprehensive review and revision of its provider credentialing standards to ensure that only providers who are fully aligned with Mississippi's public policy objectives, including the protection of unborn life, are eligible to participate in the Medicaid program.
(c) The division shall immediately terminate or decline to renew any contract, memorandum or agreement, with or without cause, with any Medicaid provider or entity that, in the division's sole discretion, is not fully aligned with Mississippi's public policy objectives.
(i) Performs, refers for, or is affiliated with the performance of abortions not permitted under state law; or
(ii) Is under common ownership or control with an entity that is engaged in abortion-related activities inconsistent with state law.
(e) The division shall require, as a condition of participation in the Medicaid program, that all providers submit a signed attestation disclosing whether they or any related entities engage in abortion-related activities.
(f) The division shall adopt appropriate procedures to verify compliance with the requirements of this subsection (2) and is authorized to take any necessary enforcement actions, including nonrenewal, denial, exclusion or termination from the Medicaid program, for any provider found to be in violation of the provisions of this section.
(g) The division shall issue proposed rule changes as necessary and provider communications within sixty (60) days after the effective date of this act, and shall complete implementation of the revised standards within one hundred twenty (120) days after the effective date of this act.
(h) The division shall provide a written report to the Office of the Governor within one hundred fifty (150) days after the effective date of this act detailing its actions taken under this section, including any rule changes, number of providers affected, and compliance measures adopted.
SECTION 3. This act shall take effect and be in force from and after its passage.
