Medicaid; exclude from participation any providers that perform or are affiliated with performance of abortions.

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To: Medicaid
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Currie

HOUSE BILL NO. 979

AN ACT TO DIRECT ALL STATE AGENCIES, DEPARTMENTS AND 1
INSTITUTIONS TO IMMEDIATELY CEASE PROVIDING STATE FUNDS TO ANY 2
INDIVIDUAL OR ENTITY THAT IS DIRECTLY AFFILIATED WITH A PHYSICIAN, 3
MEDICAL PRACTICE OR OTHER ORGANIZATION PROVIDING ABORTION SERVICES 4
OR FACILITATING THE PROCUREMENT OF ABORTION SERVICES; TO AMEND 5
SECTION 43-13-117.4, MISSISSIPPI CODE OF 1972, TO DIRECT THE 6
DIVISION OF MEDICAID TO INITIATE A COMPREHENSIVE REVIEW AND 7
REVISION OF ITS PROVIDER CREDENTIALING STANDARDS TO ENSURE THAT 8
ONLY PROVIDERS WHO ARE FULLY ALIGNED WITH MISSISSIPPI'S PUBLIC 9
POLICY OBJECTIVES, INCLUDING THE PROTECTION OF UNBORN LIFE, ARE 10
ELIGIBLE TO PARTICIPATE IN THE MEDICAID PROGRAM; TO DIRECT THE 11
DIVISION TO IMMEDIATELY TERMINATE OR DECLINE TO RENEW ANY 12
CONTRACT, MEMORANDUM OR AGREEMENT WITH ANY MEDICAID PROVIDER OR 13
ENTITY THAT IS NOT FULLY ALIGNED WITH MISSISSIPPI'S PUBLIC POLICY 14
OBJECTIVES; TO DIRECT THE DIVISION TO UPDATE ITS CREDENTIALING AND 15
CONTRACTING PROCEDURES TO EXCLUDE FROM NEW OR RENEWED 16
PARTICIPATION IN THE MEDICAID PROGRAM ANY PROVIDER OR ENTITY THAT 17
PERFORMS, REFERS FOR, OR IS AFFILIATED WITH THE PERFORMANCE OF 18
ABORTIONS NOT PERMITTED UNDER STATE LAW, OR IS UNDER COMMON 19
OWNERSHIP OR CONTROL WITH AN ENTITY THAT IS ENGAGED IN 20
ABORTION-RELATED ACTIVITIES INCONSISTENT WITH STATE LAW; TO DIRECT 21
THE DIVISION TO REQUIRE, AS A CONDITION OF PARTICIPATION IN THE 22
MEDICAID PROGRAM, THAT ALL PROVIDERS SUBMIT A SIGNED ATTESTATION 23
DISCLOSING WHETHER THEY OR ANY RELATED ENTITIES ENGAGE IN 24
ABORTION-RELATED ACTIVITIES; TO DIRECT THE DIVISION TO ADOPT 25
APPROPRIATE PROCEDURES TO VERIFY COMPLIANCE WITH THE REQUIREMENTS 26
OF THIS ACT AND AUTHORIZE THE DIVISION TO TAKE ANY NECESSARY 27
ENFORCEMENT ACTIONS FOR ANY PROVIDER FOUND TO BE IN VIOLATION OF 28
THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 29
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WHEREAS, the State of Mississippi has long maintained a 30
compelling interest in promoting a culture of life and ensuring 31
that public taxpayer dollars do not directly or indirectly support 32
abortion or abortion-affiliated providers; and 33
WHEREAS, the Division of Medicaid administers the 34
Medicaid program, which is jointly funded by the state and federal 35
governments; and 36
WHEREAS, the division has the authority and obligation to 37
determine the qualifications of providers seeking participation in 38
the Medicaid program, and may exclude those who do not 39
meet applicable standards, including standards consistent with 40
state public policy; and 41
WHEREAS, on June 26, 2025, the United States Supreme Court in 42
Medina v. Planned Parenthood South Atlantic, 606 U.S. 357 (2025), 43
reaffirmed the principle that states retain primary 44
authority to determine the qualifications of Medicaid providers 45
and are not subject to private rights of action under 42 USC 46
Section 1983 for excluding abortion-affiliated providers under 47
state-defined criteria; and 48
WHEREAS, Mississippi already prohibits the use of Medicaid 49
funds for abortion services except as required by federal law, and 50
has excluded abortion providers from its Medicaid program 51
in keeping with that policy; however, abortion providers may still 52
be subsidized by state funds intended for other women's health and 53
family planning services; NOW, THEREFORE, 54
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 55
SECTION 1. All state agencies, departments and institutions 56
shall immediately cease providing state funds, whether through 57
grant, contract, state-administered federal funds, or any other 58
form, to any individual or entity that is directly affiliated with 59
a physician, medical practice or other organization providing 60
abortion services or facilitating the procurement of abortion 61
services. 62
SECTION 2. Section 43-13-117.4, Mississippi Code of 1972, is 63
amended as follows: 64
43-13-117.4. (1) Notwithstanding any other provision of 65
Section 43-13-117, the division shall not authorize payment of 66
part or all of the costs of care and services rendered by any 67
entity that performs nontherapeutic abortions, maintains or 68
operates a facility where nontherapeutic abortions are performed, 69
or is affiliated with such an entity. For purposes of this 70
provision, "nontherapeutic abortions" means abortions that are not 71
qualified for federal matching funds under the Medicaid program, 72
42 USC Section 1396 et seq., and as amended hereafter, and 73
"affiliated with" means having a legal relationship with another 74
entity created or governed by one or more written instruments that 75
demonstrates common control, ownership, franchisee status or 76
management, or that grants a license or other authority to utilize 77
the other entity's brand name, trademark, service mark or other 78
registered identification mark. 79
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(2) (a) For the purpose of this subsection (2), the term 80
"abortion" has the same definition as provided in Section 81
41-41-45. 82
(b) The division shall initiate a comprehensive review 83
and revision of its provider credentialing standards to ensure 84
that only providers who are fully aligned with Mississippi's 85
public policy objectives, including the protection of unborn life, 86
are eligible to participate in the Medicaid program. 87
(c) The division shall immediately terminate or decline 88
to renew any contract, memorandum or agreement, with or without 89
cause, with any Medicaid provider or entity that, in the 90
division's sole discretion, is not fully aligned with 91
Mississippi's public policy objectives. 92
(d) The division shall update its credentialing and 93
contracting procedures to exclude from new or renewed 94
participation in the Medicaid program any provider or entity that: 95
(i) Performs, refers for, or is affiliated with 96
the performance of abortions not permitted under state law; or 97
(ii) Is under common ownership or control with an 98
entity that is engaged in abortion-related activities inconsistent 99
with state law. 100
(e) The division shall require, as a condition of 101
participation in the Medicaid program, that all providers submit a 102
signed attestation disclosing whether they or any related entities 103
engage in abortion-related activities. 104
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ST: Medicaid; exclude from participation any
providers that perform or are affiliated with
performance of abortions.
(f) The division shall adopt appropriate procedures to 105
verify compliance with the requirements of this subsection (2) and 106
is authorized to take any necessary enforcement actions, including 107
nonrenewal, denial, exclusion or termination from the Medicaid 108
program, for any provider found to be in violation of the 109
provisions of this section. 110
(g) The division shall issue proposed rule changes as 111
necessary and provider communications within sixty (60) days after 112
the effective date of this act, and shall complete implementation 113
of the revised standards within one hundred twenty (120) days 114
after the effective date of this act. 115
(h) The division shall provide a written report to the 116
Office of the Governor within one hundred fifty (150) days after 117
the effective date of this act detailing its actions taken under 118
this section, including any rule changes, number of providers 119
affected, and compliance measures adopted. 120
SECTION 3. This act shall take effect and be in force from 121
and after its passage. 122