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To: Insurance;
Appropriations A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representatives Clark, Anthony
HOUSE BILL NO. 27
AN ACT TO REQUIRE THAT CERTAIN INSURANCE POLICIES AND 1
CONTRACTS SHALL PROVIDE COVERAGE FOR OBESITY TREATMENT FOR AN 2
INDIVIDUAL WHO HAS A BODY MASS INDEX THAT IS THIRTY PERCENT OR 3
MORE ABOVE HIS OR HER IDEAL BODY WEIGHT AND WHEN A WRITTEN ORDER 4
IS PROVIDED BY A PHYSICIAN THAT STATES THE TREATMENT IS MEDICALLY 5
NECESSARY; AND FOR RELATED PURPOSES. 6
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 7
SECTION 1. (1) All individual and group health insurance 8
policies providing coverage on an expense-incurred basis, 9
individual and group service or indemnity type contracts issued by 10
a nonprofit corporation, individual and group service contracts 11
issued by a health maintenance organization, all self-insured 12
group arrangements to the extent not preempted by federal law and 13
all managed health care delivery entities of any type or 14
description that are delivered, issued for delivery, continued or 15
renewed on or after July 1, 2026, and providing coverage to any 16
resident of this state shall provide benefits or coverage as 17
further described in subsection (2) of this section for all the 18
diseases and ailments caused by obesity and morbid obesity and 19
treatment for those diseases and ailments, including, but not 20
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limited to, bariatric, gastric bypass and lap band surgeries and 21
prescriptions. Coverage or benefits shall be provided when the 22
prescribing physician has issued a written order stating that the 23
individual has a body mass index that is thirty percent (30%) or 24
more above his or her ideal body weight and that the treatment is 25
medically necessary, and coverage or benefits shall be provided 26
for all of the obesity screening examinations and tests that are 27
administered during this process in addition to the coverage and 28
benefits provided for treatment. 29
(2) An individual shall not be required to pay an additional 30
deductible or coinsurance for testing and/or treatment that is 31
greater than an annual deductible or coinsurance established for 32
similar benefits. If the program or contract does not cover a 33
similar benefit, a deductible or coinsurance may not be set at a 34
level that materially diminishes the value of the obesity testing 35
and/or treatment required. Reimbursement to health care providers 36
for obesity testing and/or treatment provided under this section 37
shall be equal to or greater than reimbursement to health care 38
providers provided under Title XVII of the Social Security Act 39
(Medicare). 40
(3) A group health plan or health insurance issuer is not 41
required under this section to provide for a referral to a 42
nonparticipating health care provider unless the plan or issuer 43
does not have an appropriate health care provider that is 44
available and accessible to administer the screening exam and that 45
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ST: Health insurance policies; require coverage
for certain obesity treatments.
is a participating health care provider with respect to that 46
treatment. 47
(4) If a plan or issuer refers an individual to a 48
nonparticipating health care provider in accordance with this 49
section, services provided according to the approved screening 50
exam and resulting treatment, if any, shall be provided at no 51
additional cost to the individual beyond what the individual would 52
otherwise pay for services received by a participating health care 53
provider. 54
SECTION 2. This act shall take effect and be in force from 55
and after July 1, 2026. 56