Read the full stored bill text
H. B. No. 698 *HR26/R284* ~ OFFICIAL ~ G1/2
26/HR26/R284
PAGE 1 (ENK\KW)
To: Insurance
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026
By: Representative Powell
HOUSE BILL NO. 698
AN ACT TO PROHIBIT HEALTH INSURANCE PLANS FROM MODIFYING, ON 1
RENEWAL, AN INSURED'S CONTRACTED BENEFIT LEVEL FOR ANY 2
PRESCRIPTION DRUG THAT WAS APPROVED OR COVERED UNDER THE PLAN IN 3
THE IMMEDIATELY PRECEDING PLAN YEAR AND PRESCRIBED DURING THAT 4
YEAR FOR A MEDICAL CONDITION OR MENTAL ILLNESS; TO LIST 5
MODIFICATIONS PROHIBITED; TO CLARIFY WHAT IS NOT PROHIBITED; AND 6
FOR RELATED PURPOSES. 7
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 8
SECTION 1. (1) All individual and group health insurance 9
policies providing coverage on an expense incurred basis, 10
individual and group service or indemnity type contracts issued by 11
a nonprofit corporation, individual and group service contracts 12
issued by a health maintenance organization, all self-insured 13
group arrangements to the extent not preempted by federal law and 14
all managed health care delivery entities of any type or 15
description that are delivered, issued for delivery, continued or 16
renewed on or after July 1, 2026, and providing coverage to any 17
resident of this state may not modify, on renewal of the policy, 18
plan or contract, an insured's contracted benefit level for any 19
prescription drug that was approved or covered under the plan in 20
H. B. No. 698 *HR26/R284* ~ OFFICIAL ~
26/HR26/R284
PAGE 2 (ENK\KW)
the immediately preceding plan year and prescribed during that 21
year for a medical condition or mental illness if the insured (i) 22
was covered by the policy, plan or contract on the date 23
immediately preceding the renewal date, (ii) a physician or other 24
prescribing provider prescribes the drug for the medical condition 25
or mental illness; and (iii) the physician or other prescribing 26
provider in consultation with the insured determines that the drug 27
is the most appropriate course of treatment. 28
(2) Modifications prohibited under subsection (1) of this 29
section include: 30
(a) Removing a drug from a formulary; 31
(b) Adding a requirement that an enrollee receive prior 32
authorization for a drug; 33
(c) Imposing or altering a quantity limit for a drug; 34
(d) Imposing a step-therapy restriction for a drug; 35
(e) Moving a drug to a higher cost-sharing tier; 36
(f) Increasing a coinsurance, copayment, deductible, or 37
other out-of-pocket expense that an enrollee must pay for a drug; 38
and 39
(g) Reducing the maximum drug coverage amount. 40
(3) This section shall not be construed to prohibit a 41
policy, plan or contract issuer from removing a drug from its 42
formulary or denying an insured's coverage for the drug if: 43
H. B. No. 698 *HR26/R284* ~ OFFICIAL ~
26/HR26/R284
PAGE 3 (ENK\KW)
ST: Health insurance; prohibit modifications on
renewal of covered and prescribed prescription
drug's contracted benefit level.
(a) The United States Food and Drug Administration has 44
issued a statement about the drug that calls into question the 45
clinical safety of the drug; 46
(b) The drug manufacturer has notified the United 47
States Food and Drug Administration of a manufacturing 48
discontinuance or potential discontinuance of the drug as required 49
by Section 506C, Federal Food, Drug, and Cosmetic Act (21 USC 50
Section 356c); or 51
(c) The drug manufacturer has removed the drug from the 52
market. 53
SECTION 2. This act shall take effect and be in force from 54
and after July 1, 2026. 55