Insurance; require insurers to exchange data with Department of Human Services to aid collecting child support arrears.

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To: Insurance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Turner

HOUSE BILL NO. 1448

AN ACT TO CREATE NEW SECTION 43-19-50, MISSISSIPPI CODE OF 1
1972, TO REQUIRE INSURERS AND INSURANCE COMPANIES TO PROVIDE CLAIM 2
IDENTIFYING INFORMATION TO THE MISSISSIPPI DEPARTMENT OF HUMAN 3
SERVICES TO ENABLE THE DEPARTMENT TO INTERCEPT CERTAIN INSURANCE 4
PAYMENTS FOR CHILD SUPPORT IN ARREARS; TO ESTABLISH PENALTIES 5
PAYABLE TO THE DEPARTMENT FOR INSURERS FAILING TO COMPLY WITH 6
REQUIREMENTS OR WILLFULLY PROVIDING FALSE INFORMATION; TO REQUIRE 7
INSURERS TO BE FULLY COMPLIANT WITH THE PROVISIONS OF THIS ACT BY 8
JULY 1, 2027; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. The following shall be codified as Section 11
43-19-50, Mississippi Code of 1972: 12
43-19-50. (1) As used in this section, the following words 13
and phrases have the meanings provided in this subsection unless 14
the context clearly requires otherwise: 15
(a) "Claimant" means a person who makes a claim or 16
requests payment from an insurer or who is otherwise entitled to 17
an economic benefit from an insurer. 18
(b) "Economic benefit" means a payment in which an 19
individual is paid directly by an insurer as the payee or co-payee 20
of a first-party or third-party claim, including, but not limited 21
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to, payments intended to prevent litigation, claim payments, 22
awards, benefits, settlements or claims to insurance proceeds held 23
by a third-party beneficiary. "Economic benefit" does not 24
include: claims for actual repair, replacement or loss of real or 25
personal property; claims for reimbursement to a claimant for 26
payments made by the claimant to a vendor or repair facility for 27
the actual repair, replacement or loss of use of real or personal 28
property; benefits payable for actual expenses to a funeral 29
service provider or facility; medical payments coverage under a 30
motor vehicle liability policy; benefits payable under a limited 31
benefit insurance policy for coverage of specified diseases or 32
illnesses, dental or vision benefits, or indemnity coverage; 33
benefits paid in accordance with a long term care benefit plan; or 34
benefits paid on behalf of an individual directly to a retirement 35
plan or an accelerated death benefit. 36
(c) "First party claim" means a claim made by the 37
insured or policyholder under an insurance policy or contract or 38
by a beneficiary. 39
(d) "Insurance claim data collection organization" 40
means an organization that maintains a centralized database of 41
information concerning insurance claims to assist insurers that 42
subscribe to the database in processing claims and detecting and 43
preventing fraud. 44
(e) "Insurer" means a person who holds a certificate of 45
authority to transact insurance business in this state. 46
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(f) "Obligor" means an individual who owes a duty to 47
make payments under an order for support. 48
(g) "Third party claim" means a claim to insurance 49
proceeds or coverage brought by a third party to an insurance 50
policy or contract. 51
(2) Each insurer or insurance company described in Sections 52
83-19-1 and 83-7-1 and under the regulatory authority of the 53
Department of Insurance shall exchange information with the 54
Mississippi Department of Human Services ("department") in the 55
manner prescribed by the department to verify whether a claimant 56
owes debt for the support of one or more children. The insurer or 57
insurance company shall initiate the information exchange not 58
later than ten (10) business days after the opening of a claim or 59
request for payment that seeks an economic benefit for the 60
claimant for Five Hundred Dollars ($500.00) or more. This 61
requirement is limited to claims for negligence, personal injury, 62
wrongful death and life insurance. 63
(3) To the extent feasible, the department shall facilitate 64
a secure electronic process to exchange information with insurers. 65
When the operation of the data match system results in a match for 66
an obligor who owes past-due support, or when a claim is located 67
through other means, the department may: 68
(a) Encumber and seize assets payable to an obligor; 69
and 70
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(b) Request, and shall receive, additional financial or 71
other information, including account numbers, names and Social 72
Security numbers on record for accounts, and account balances from 73
an insurer or insurance company needed to establish, modify or 74
enforce a support order. 75
(4) Notice of an encumbrance initiated by the department 76
under this section must be provided to the insurer, insurance 77
company and Department of Insurance via electronic means or 78
regular mail. Notice must be delivered by the department to the 79
obligor via regular mail at the current mailing address as 80
recorded by the department at the commencement of the encumbrance 81
described in this section. 82
(5) If an insurer is notified by the department that a 83
claimant owes debt for the support of one or more children, the 84
insurer, upon receipt of a notice issued by the enforcing 85
authority identifying the amount of debt owed, must: 86
(a) Notify the claimant and the claimant's attorney, if 87
known, of the debt owed, no later than ten (10) business days 88
after receiving notice from the enforcing authority; and 89
(b) Upon the determination and issuance of an economic 90
benefit payment due to the claimant, as defined in subsection (1) 91
of this section, withhold the amount currently due at the time of 92
issuance and remit the withheld funds directly to the enforcing 93
authority within ten (10) business days. 94
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(6) When an insurer withholds and remits money to the 95
enforcing authority pursuant to subsection (5), the insurer shall 96
notify the claimant and claimant's attorney, if known, of that 97
fact. 98
(7) An amount encumbered and forwarded by the insurer or 99
insurance company under this section may not exceed the arrearage 100
owed by the obligor. 101
(8) Priority over the withholding of payments pursuant to 102
subsection (5) must be given to: 103
(a) Claimant attorney's fees or costs incurred, if any; 104
and 105
(b) Judgment, statutory or subrogation liens for 106
medical expenses incurred as a result of the injury causing the 107
claim. 108
(9) Information obtained pursuant to this section may be 109
used only for the purpose of carrying out the provisions of this 110
section and shall become a record subject to the confidentiality 111
and privacy requirements of Section 43-19-45 and any other 112
applicable state or federal laws or regulations. Disclosure of 113
the information for any other purpose is prohibited. 114
Notwithstanding the provisions of this subsection, an insurer or 115
an insurance claim data collection organization approved by the 116
department or other entity that performs the functions described 117
in this section may not be held liable in a civil or criminal 118
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action under federal or state law for an act made in good faith 119
pursuant to this section, including, but not limited to: 120
(a) A disclosure of information to the department or 121
the federal Office of Child Support Services; or 122
(b) The withholding of money or the remittance of money 123
to the enforcing authority. 124
(10) For claims filed before July 1, 2026, an insurer shall 125
not delay the disbursement of a payment on a claim for the purpose 126
of complying with the requirements of this section. An insurer is 127
not required to comply with subsection (5) and will not be subject 128
to penalty if the notice issued by the enforcing authority is 129
received by the insurer after the insurer has disbursed the 130
payment on the claim. In the case of a claim that will be paid 131
through periodic payments, the insurer: 132
(a) Is not required to comply with the provisions of 133
subsection (5) with regard to those payments disbursed to the 134
claimant before the notice was received by the insurer; and 135
(b) Shall comply with the provisions of subsection (5) 136
with regard to those payments on the claim scheduled to be made 137
after the receipt of the notice. 138
(11) The insurer may comply with the requirements of this 139
section by: reporting directly to the department or its designee; 140
or authorizing the insurance claim data collection organization to 141
provide claimant information to the federal Office of Child 142
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ST: Insurance; require insurers to exchange
data with Department of Human Services to aid
collecting child support arrears.
Support Services of the United States Department of Health and 143
Human Services. 144
(12) An insurer that fails to comply with this section or 145
which willfully renders false information is liable for a penalty 146
to the department in an amount not to exceed Five Thousand Dollars 147
($5,000.00) upon conviction in a court of competent jurisdiction. 148
In addition to the penalty, an insurer that fails to exchange 149
information or that fails or refuses to surrender property subject 150
to a child support lien to the department is liable for the amount 151
of the child support which should have been withheld and paid to 152
the department. 153
(13) Before July 1, 2027, insurers and insurance companies 154
are required to fully comply with the requirements of this 155
section. 156
SECTION 2. This act shall take effect and be in force from 157
and after July 1, 2026. 158