Emergency Medical Care Clarity Act; create.

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To: Public Health and Human
Services; Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representatives Porter, Summers

HOUSE BILL NO. 1099

AN ACT TO BE KNOWN AS THE EMERGENCY MEDICAL CARE CLARITY ACT; 1
TO PROVIDE THAT A HOSPITAL SHALL PROVIDE AN APPROPRIATE MEDICAL 2
SCREENING EXAMINATION AND EMERGENCY MEDICAL SERVICES TO ANY 3
INDIVIDUAL WHO COMES TO THE EMERGENCY DEPARTMENT AND REQUESTS 4
EXAMINATION OR TREATMENT, OR HAS SUCH A REQUEST MADE ON THEIR 5
BEHALF, TO DETERMINE WHETHER AN EMERGENCY MEDICAL CONDITION 6
EXISTS; TO PROVIDE THAT IF AN EMERGENCY MEDICAL CONDITION IS 7
IDENTIFIED, THE HOSPITAL AND ITS MEDICAL STAFF SHALL HAVE A DUTY 8
OF CARE TO PROVIDE STABILIZING TREATMENT WITHIN THEIR CAPABILITY 9
AND CAPACITY; TO PROVIDE THAT EMERGENCY MEDICAL SERVICES OR 10
STABILIZING TREATMENT SHALL NOT BE DELAYED OR DENIED FOR 11
NON-MEDICAL REASONS; TO PROVIDE THAT IF A PATIENT HAS RECEIVED AN 12
APPROPRIATE MEDICAL SCREENING EXAMINATION, AND THE EXAMINING 13
HEALTH CARE PROVIDER DETERMINES THAT AN EMERGENCY MEDICAL 14
CONDITION EXISTS AND THE CONDITION HAS NOT BEEN STABILIZED, THE 15
HOSPITAL SHALL NOT TRANSFER THE PATIENT UNLESS CERTAIN CONDITIONS 16
ARE MET; TO PROVIDE THAT THE ATTORNEY GENERAL AND THE STATE 17
DEPARTMENT OF HEALTH MAY INVESTIGATE AND BRING A CIVIL ACTION 18
AGAINST ANY HOSPITAL OR PROVIDER WHO VIOLATES THIS ACT; TO PROVIDE 19
THAT ANY INDIVIDUAL WHO SUFFERS HARM FROM A VIOLATION OF THIS ACT 20
MAY BRING A CIVIL ACTION IN A COURT OF COMPETENT JURISDICTION FOR 21
COMPENSATORY AND PUNITIVE DAMAGES AND EQUITABLE RELIEF; TO 22
PROVIDE THAT HOSPITALS MAY NOT PENALIZE PROVIDERS WHO STABILIZE 23
PATIENTS CONSISTENT WITH MEDICAL STANDARDS OF CARE; TO PROVIDE 24
THAT HOSPITAL EMPLOYEES ARE PROTECTED FROM RETALIATION FOR 25
REPORTING VIOLATIONS; TO PROVIDE THAT HOSPITALS WITH SPECIALIZED 26
FACILITIES MUST ACCEPT APPROPRIATE TRANSFERS IF CAPACITY EXISTS; 27
AND FOR RELATED PURPOSES. 28
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 29
SECTION 1. Short title. This act shall be known and may be 30
cited as the Emergency Medical Care Clarity Act. 31
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SECTION 2. Definitions. As used in this act, the following 32
terms shall be defined as provided in this section, unless the 33
context otherwise requires: 34
(a) "Emergency medical condition" means: 35
(i) A medical condition manifesting itself by 36
acute signs and symptoms of sufficient severity, including severe 37
pain, such that the absence of immediate medical attention could 38
reasonably be expected to result in placing the health of the 39
person in serious jeopardy, serious impairment of bodily 40
functions, or serious dysfunction of any bodily organ or part; or 41
(ii) With respect to a pregnant person who is 42
having contractions, there is inadequate time to effectuate a safe 43
transfer to another hospital before delivery, or that transferring 44
the patient may pose a threat to the health or safety of the 45
patient. For pregnant people, "emergency medical condition" 46
includes, but is not limited to: 47
1. Active labor; 48
2. Ectopic pregnancy; 49
3. Threatened or incomplete miscarriage; 50
4. Complications resulting from pregnancy or 51
pregnancy loss; 52
5. Preterm premature rupture of membranes 53
(PROM); 54
6. Placental abnormalities; 55
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7. Emergent hypertensive disorders, including 56
preeclampsia; 57
8. Risks to future fertility; 58
9. Situations where there is inadequate time 59
for safe transfer or transfer poses a threat to patient safety; 60
and 61
10. Any emergent hypertensive disorder when 62
the absence of immediate medical attention could reasonably be 63
expected to result in placing the health of the person in serious 64
jeopardy, serious impairment to bodily functions, or serious 65
dysfunction of any bodily organ or part. 66
(b) "Hospital" means a: 67
(i) A licensed health care hospital in the state 68
that maintains an emergency department; 69
(ii) A freestanding emergency department; or 70
(iii) Any other licensed health care hospital, or 71
area of a hospital or health care hospital, that holds itself out 72
to the public as providing emergency care. 73
(c) "Emergency medical services" means: 74
(i) A medical screening examination that is 75
appropriate to the patient's presenting signs and symptoms, 76
conducted by a qualified health care provider acting within their 77
scope of practice to determine if an emergency medical condition 78
exists. For a pregnant patient, the screening may be conducted by 79
an obstetrician, emergency physician, certified nurse midwife, 80
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physician assistant, nurse practitioner, or other qualified 81
provider, consistent with hospital resources that is appropriate 82
to the patient's presenting signs and symptoms to determine if an 83
emergency medical condition exists; and 84
(ii) When an emergency medical condition exists, 85
the medical treatment and care necessary to stabilize the patient 86
as determined by the examining health-care provider. 87
The term "emergency medical services" include any medically 88
necessary intervention required to stabilize an emergency medical 89
condition, including procedures that may result in pregnancy 90
termination when, in the physician's reasonable medical judgment, 91
such intervention is necessary to prevent the patient's death or 92
serious impairment of a major bodily function. 93
(d) "Stabilize" or "stabilizing treatment" means to 94
provide medical treatment necessary to ensure, within reasonable 95
medical probability, that no material deterioration of the 96
patient's condition is likely to result from or occur during 97
discharge or transfer. 98
The term "stabilizing treatment" includes any medically 99
necessary intervention required to stabilize an emergency medical 100
condition, including procedures that may result in pregnancy 101
termination when, in the physician's reasonable medical judgment, 102
such intervention is necessary to prevent the patient's death or 103
serious impairment of a major bodily function. 104
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SECTION 3. Medical screening and stabilization requirements. 105
(1) A hospital shall provide an appropriate medical screening 106
examination and emergency medical services to any individual who 107
comes to the emergency department and requests examination or 108
treatment, or has such a request made on their behalf, to 109
determine whether an emergency medical condition exists. 110
(2) If an emergency medical condition is identified, the 111
hospital and its medical staff shall have a duty of care to 112
provide stabilizing treatment within their capability and 113
capacity. 114
(3) Emergency medical services or stabilizing treatment 115
shall not be delayed or denied for non-medical reasons including: 116
(a) Inability to pay; 117
(b) Lack of insurance or public benefits; 118
(c) Citizenship or immigration status; 119
(d) Pregnancy outcome or status; or 120
(e) Personal, institutional or religious beliefs or 121
policies of staff or hospital. 122
(4) When the termination of a pregnancy is medically 123
necessary to stabilize the patient, the hospital shall not 124
condition such stabilizing treatment on the consent of any 125
individual other than the patient or their legal representative. 126
SECTION 4. Transfers and discharges. If a patient has 127
received an appropriate medical screening examination as described 128
in this act, and the examining health care provider determines 129
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that an emergency medical condition exists and the condition has 130
not been stabilized, the hospital shall not transfer the patient 131
unless all of the following conditions are met: 132
(a) The transferring hospital must provide any 133
available medical treatment to minimize the risks to the patient's 134
health; 135
(b) The receiving hospital must have space available, 136
qualified personnel to treat the patient, and agree to accept the 137
individual and provide necessary treatment; 138
(c) The transferring hospital sends all medical 139
records, or copies of the medical records, related to the 140
patient's emergency medical condition that the patient presented 141
to the hospital for, that are available at the time of the 142
transfer, including medical records, or copies of the medical 143
records, related to observations of signs and symptoms; 144
preliminary diagnosis; treatment provided to the patient; test 145
results; the informed written request or certification provided 146
pursuant to this section; and, if relevant, the name and address 147
of any on-call physician who refused or failed to appear at the 148
hospital within a reasonable amount of time to provide the patient 149
with necessary stabilizing treatment; 150
(d) The transfer is effected through qualified 151
personnel and transportation equipment, including the use of 152
necessary and medically appropriate life support measures during 153
the transfer; 154
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(e) Ater being informed of the risk of transfer, the 155
patient or the patient's representative requests the transfer in 156
writing, and 157
(f) A physician has signed a certification that 158
includes a summary of the risks and benefits of transferring the 159
patient and a statement that, based upon the information available 160
at the time of the transfer, the medical benefits reasonably 161
expected from the provision of appropriate medical treatment at 162
another hospital outweigh the increased risks to the patient from 163
being transferred. 164
SECTION 5. Enforcement and remedies. (1) State 165
enforcement: The Attorney General and the State Department of 166
Health may investigate and bring a civil action against any 167
hospital or provider who violates this act. Remedies may include: 168
(a) Injunctive relief; 169
(b) Civil penalties of up to Fifty Thousand Dollars 170
($50,000.00) per violation; and 171
(c) Corrective action orders, license suspension, and 172
Medicaid exclusion for repeat/gross violations. 173
(2) Private right of action: Any individual who suffers 174
harm from a violation of this act may bring a civil action in a 175
court of competent jurisdiction for: 176
(a) Compensatory and punitive damages; 177
(b) Equitable relief; and 178
(c) Reasonable attorney's fees and costs. 179
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ST: Emergency Medical Care Clarity Act; create.
(3) No immunity: Hospitals and providers are not immune from 180
liability under this act based on religious or moral objections, 181
nor may they claim immunity under federal conscience protection 182
laws where such objections result in the denial of stabilizing 183
emergency care. 184
SECTION 6. Whistleblower and provider protections. (1) 185
Hospitals may not penalize providers who stabilize patients 186
consistent with medical standards of care. 187
(2) Hospital employees are protected from retaliation for 188
reporting violations. 189
SECTION 7. Specialized capabilities. Hospitals with 190
specialized facilities (e.g., trauma, NICU, maternal-fetal 191
medicine) must accept appropriate transfers if capacity exists. 192
SECTION 8. This act shall take effect and be in force from 193
and after July 1, 2026, and shall apply to all hospitals and 194
providers operating in the state as of that date. 195