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H. B. No. 1439 *HR43/R2155* ~ OFFICIAL ~ G1/2
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To: Accountability,
Efficiency, Transparency
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Eubanks
HOUSE BILL NO. 1439
AN ACT TO DIRECT THE GOVERNOR TO SELECT A PRIVATE AUDITOR TO 1
PERFORM AN AUDIT OF THE STATE DEPARTMENT OF HEALTH AND THE STATE 2
BOARD OF MEDICAL LICENSURE TO DETERMINE THE AGENCIES' COMPLIANCE 3
WITH CERTAIN LAWS; TO REQUIRE THE PRIVATE AUDITOR TO PROVIDE A 4
REPORT TO THE GOVERNOR, LIEUTENANT GOVERNOR, AND SPEAKER OF THE 5
HOUSE OF REPRESENTATIVES DETAILING THE FINDINGS OF THE AUDIT 6
REQUIRED BY THIS ACT; AND FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. (1) As used in this section, the following terms 9
shall be defined as provided in this subsection: 10
(a) "Private auditor" means a private auditing firm 11
selected by and serving at the will and pleasure of the Governor. 12
(b) "Department" means the State Department of Health. 13
(c) "Federal and state abstinence education law" means 14
the requirements of Section 37-13-171, Mississippi Code of 1972; 15
Title V, Section 510 of the Social Security Act; and 42 USC 16
Section 710. 17
(d) "Board" means the State Board of Medical Licensure. 18
(e) "REAP Act" means the Regulate Experimental 19
Adolescent Procedures Act, Section 41-141-1 et seq. 20
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(f) "Women's Health Defense Act of 2013" means Section 21
41-41-101 et seq. 22
(2) On or before June 1, 2026, the Governor shall select a 23
private auditor to perform an audit of the department and the 24
board. The audit shall determine the extent of each audited 25
agency's compliance with, and efforts to comply with, as 26
applicable: 27
(a) The federal and state abstinence education law; 28
(b) The REAP Act; and 29
(c) The Women's Health Defense Act of 2013. 30
(3) As part of the audit, the private auditor shall have 31
authority to request documents from the audited agency, to conduct 32
interviews of agency personnel and other interested parties, and 33
to pose written questions to the agency, which shall be answered 34
by agency personnel within sixty (60) days of receipt of the 35
request. 36
(4) No later than one hundred eighty (180) days after the 37
private auditor's appointment, the private auditor shall provide 38
to each audited agency a preliminary report detailing the agency's 39
apparent noncompliance with the federal and state laws listed in 40
subsection (2) of this section. Each audited agency shall provide 41
the private auditor with its objections to these findings, reasons 42
therefor, and any supporting documentation, and shall explain the 43
agency's reason for any cited noncompliance. 44
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ST: Health Dept and Bd of Medical Licensure;
Governor shall select private auditor to
determine their compliance with certain laws.
(5) On or before January 1, 2027, and on January 1 of each 45
succeeding year, the private auditor shall provide a report to the 46
Governor, Lieutenant Governor, and Speaker of the House of 47
Representatives detailing the findings of the audit required by 48
this section. The reports shall be considered public records 49
under the Mississippi Public Records Act. 50
SECTION 2. This act shall take effect and be in force from 51
and after its passage. 52