Abortion providers; prohibit public business with.

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To: Public Health and
Welfare
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Rhodes

SENATE BILL NO. 2620

AN ACT TO PROHIBIT PUBLIC ENTITIES FROM CONDUCTING BUSINESSES 1
WITH ABORTION PROVIDERS, ABORTION ASSISTANCE ENTITIES AND 2
AFFILIATES THERETO; TO DEFINE RELEVANT TERMS; TO BAN PUBLIC 3
ENTITIES FROM PROVIDING LOGISTICAL SUPPORT TO ABORTION PROVIDERS, 4
ABORTION ASSISTANCE ENTITIES AND AFFILIATES TO ASSIST WITH 5
PROCURING AN ABORTION; TO OUTLINE PROHIBITED AND EXEMPTED 6
TRANSACTIONS OF PUBLIC ENTITIES WITH ABORTION PROVIDERS, ABORTION 7
ASSISTANCE ENTITIES AND AFFILIATES; TO PROVIDE PROCEDURE FOR 8
INSTANCES WHERE A TAXPAYER RESOURCE TRANSACTION RESULTS IN A 9
TRANSFER OF PUBLIC FUNDS TO AN INELIGIBLE RECIPIENT; TO PROVIDE 10
CIVIL PENALTIES FOR PUBLIC ENTITIES FOUND IN VIOLATION OF THIS 11
ACT; TO REQUIRE THE STATE BOARD OF MEDICAL LICENSURE TO PROMULGATE 12
RULES NECESSARY TO COMPLY WITH THIS ACT; TO ESTABLISH DAMAGES 13
AMOUNTS FOR INDIVIDUALS AND/OR ENTITIES FOUND GUILTY OF VIOLATING 14
THIS ACT; TO PROHIBIT INSURANCE COVERAGE FOR ELECTIVE ABORTIONS; 15
AND FOR RELATED PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. For the purpose of this act: 18
(a) "Abortion" means the use or prescription of any 19
instrument, medicine, drug or any other substance or device to 20
terminate the pregnancy of a woman known to be pregnant with an 21
intention other than to increase the probability of a live birth, 22
to preserve the life or health of the child after live birth, or 23
to remove a dead fetus. 24
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(b) "Abortion assistance entity" means a person or 25
entity that procures or facilitates a woman's procurement of an 26
abortion by engaging in any of the following acts: 27
(i) Offering or providing money to pay for, 28
reimburse or offset the cost of obtaining an abortion or the cost 29
incurred by or associated with seeking an abortion, regardless of 30
the location of where the abortion occurred or will occur; or 31
(ii) Paying for, planning or executing plans for 32
travel accommodations, including transportation, meals, lodging, 33
childcare or more, with the intent of aiding or facilitating the 34
procurement of an abortion. 35
(c) "Abortion provider" means any person or entity 36
that performs, offers to perform, facilitates the performance of, 37
or knowingly affiliates with a person or entity that performs 38
abortions. 39
(d) "Affiliate" means a person or entity who enters 40
into a legal relationship with another person or entity, which is 41
governed by at least one (1) written instrument, including, but 42
not limited to, a certificate of formation, a franchise or 43
membership agreement, standards of affiliation, bylaws, a contract 44
or license, which demonstrates: 45
(i) Common ownership, management or control 46
between the parties to a relationship; 47
(ii) A franchise granted by the person or entity 48
to the affiliate; or 49
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(iii) The granting or extension of a license or 50
other agreement authorizing the affiliate to use the other person 51
or entity's brand name, trademark, service mark, or other 52
registered identification mark. 53
(e) "Common ownership, management or control" includes, 54
but is not limited to, any relationship between trade entities 55
that: 56
(i) Are related as predecessor or successor 57
employers under 28 USC Section 414(a); 58
(ii) Would constitute a controlled group of 59
corporations within the means of 28 USC Section 414 and 26 USC 60
Section 1563; 61
(iii) Would constitute trades or businesses, 62
whether incorporated or not, which are under common control under 63
26 USC Section 414(c); 64
(iv) Together maintain a multiemployer plan within 65
the meaning of 26 USC Section 414(f); 66
(v) Would constitute an affiliated service group 67
within the meaning of 26 USC Section 414(m); or 68
(vi) Are related as one or more leasing 69
organizations and one or more leased employee recipients within 70
the meaning of 28 USC Section 414(n). 71
(f) "Health care entity" means, but is not limited to, 72
an individual physician, nurse, pharmacist, pharmacy technician, a 73
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postgraduate physician program, hospital and a participant in a 74
program of training health professionals. 75
(g) "Medical emergency" means conditions which, on the 76
basis of the physician's best clinical judgement, pregnancy 77
complications are present that require the immediate abortion of 78
the fetus in order to avert the death of the mother or for which a 79
twenty-four-hour delay will create grave peril of immediate or 80
irreversible loss of major bodily function(s). 81
(h) "Postgraduate physician training program" includes 82
a residency training program. 83
(i) "Public entity" means a state agency in the 84
executive, judicial or legislative branches of state government, 85
or individuals or agencies with executive, judicial or legislative 86
authority on the county, city, town, public school district, 87
public hospitals, public colleges or universities, any public 88
hospital district or university that offers a postgraduate 89
physician training program or residency program, or any local 90
political subdivision of this state or agency thereof. 91
(j) "Taxpayer resource transaction" means a sale, 92
purchase, lease, loan, grant, reimbursement, financial assistance, 93
donation of money, goods, services, transaction involving real 94
property, or any other transaction between a public entity and a 95
private entity that directly or indirectly provides to the private 96
entity something of value derived from state or local tax revenue, 97
regardless of whether the public entity receives something of 98
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value in return. The term does not include the provision of basic 99
public services, including fire, and police protection and 100
utilities, by a public entity to an abortion provider or affiliate 101
in the same manner as the entity provides basic public services to 102
the general public. The term includes advocacy or lobbying by or 103
on behalf of a public entity on behalf of interests of an abortion 104
provider or affiliate, but does not include: 105
(i) An officer or employee of a public entity 106
providing information to a member of the legislature or appearing 107
before a legislative committee at the request of the member or 108
committee; 109
(ii) An elected official advocating for or against 110
or otherwise influencing or attempting to influence the outcome of 111
legislation pending before the legislature while acting in the 112
capacity of an elected official; or 113
(iii) An individual speaking as a private citizen 114
on a matter of public concern. 115
SECTION 2. (1) Except as provided in subsection (3) of this 116
section, a public entity may not, directly or indirectly, enter 117
into a taxpayer resource transaction with: 118
(a) An abortion provider or an affiliate of an abortion 119
provider; or 120
(b) An abortion assistance entity, or an affiliate of 121
an abortion assistance entity, for the purpose of providing an 122
abortion or abortion assistance. 123
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(2) A public entity may not spend money to provide to any 124
person, directly or indirectly, logistical support for the purpose 125
of assisting a woman with procuring an abortion or services from 126
an abortion provider. Logistical support includes providing money 127
or aid in securing: 128
(a) Childcare; 129
(b) Travel or any form of transportation to or from an 130
abortion provider; 131
(c) Lodging; 132
(d) Meals; 133
(e) Counseling that encourages a woman to have an 134
abortion; 135
(f) Any form of advertising or promotion of the 136
services of an abortion provider, abortion assistance entity or 137
any other affiliate of an abortion provider. This paragraph 138
includes, but is not limited to, advertisements and promotions 139
that include an abortion provider's: 140
(i) Name; 141
(ii) Location; 142
(iii) Mailing address; 143
(iv) Website; 144
(v) Social media account information; or 145
(vi) Telephone number; or 146
(g) Any other service that facilitates the provision of 147
an abortion. 148
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(3) This section does not apply to a taxpayer resource 149
transaction entered into or money appropriated or spent by a 150
public entity that is subject to a federal or state law in 151
conflict with subsection (1) of this section, as the State 152
Treasurer and Attorney General confirm in writing. This section 153
shall not apply to advocacy or promotion that consists only of 154
advocacy for abortion or abortion rights without including 155
advertising or promoting the services of a specific abortion 156
provider, abortion assistance entity or any affiliate thereof. 157
(4) For the purpose of this act, a facility is not 158
considered to be an abortion provider solely based on the 159
performance of an abortion at the facility during a medical 160
emergency. 161
SECTION 3. (1) Except as provided in subsection (4) of this 162
section, a public entity in this state shall not make a taxpayer 163
resource transaction with any funds under its control to directly 164
or indirectly, prescribe, provide, perform or induce an abortion; 165
assist in the prescription, provision or performance of an 166
abortion; initiate a referral for an abortion; or provide 167
facilities for an abortion or for training to prescribe, provide 168
or perform an abortion. This shall not apply to a taxpayer 169
resource transaction for the purpose of preserving the life of the 170
mother in a medical emergency, to increase the probability of a 171
live birth, to preserve the life and health of the child after 172
live birth or to remove a dead fetus. 173
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(2) A public entity in this state shall not, directly or 174
indirectly, enter into a taxpayer resource transaction with an 175
abortion prescriber, provider or an affiliate of an abortion 176
provider. 177
(3) A public entity in this state shall not, directly or 178
indirectly, assist in the training of staff, students or any 179
healthcare entity on elective abortions, pursuant to Section 180
41-41-45. This shall not apply to training to preserve the life 181
of the mother in a medical emergency, to increase the probability 182
of a live birth, to preserve the life and health of the child 183
after live birth or to remove a dead fetus. 184
(4) A public entity in this state shall not, directly or 185
indirectly, enter into a taxpayer resource transaction with an 186
abortion prescriber, provider, an affiliate of an abortion 187
provider or an abortion assistance entity to implement human 188
sexuality instruction, family planning instruction or use 189
materials provided or prepared by an abortion prescriber, 190
provider, affiliate of an abortion provider or an abortion 191
assistance entity. 192
(5) This section does not apply to a taxpayer resource 193
transaction that is subject to federal law in conflict with 194
subsection (1) of this section. 195
SECTION 4. Any public funds disbursed through a taxpayer 196
resource transaction to an eligible individual or entity may not 197
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be transferred or given to an individual or entity or used for a 198
purpose that would be ineligible under this act. 199
SECTION 5. (1) The Attorney General may bring an action 200
against any party, other than the woman who seeks to procure or 201
procures an abortion, to the actual or proposed prohibited 202
transaction, appropriation or expenditure, as applicable, of a 203
public entity that violates or is seeking to violate section (3) 204
of this act. 205
(2) The Attorney General may recover reasonable attorney's 206
fees and costs incurred in bringing an action under this act. 207
(3) Sovereign and governmental immunity, as applicable, of a 208
governmental public entity to suit and from liability, is waived 209
to the extent of liability created in Section 11-46-5. 210
SECTION 6. The State Board of Medical Licensure shall 211
promulgate such rules or enter into such binding agreements with 212
accrediting agencies, as are necessary to comply with this act and 213
the federal Coats-Snowe Amendment. 214
SECTION 7. (1) Any individual or entity who violates this 215
act may be fined up to Twenty-five Thousand Dollars ($25,000.00) 216
per violation by an individual, and Fifty Thousand Dollars 217
($50,000.00) per violation by an entity, and/or loss of funding 218
from the public entity if it is knowingly disbursing funds in 219
violation of this act. A recipient of public funds found in 220
violation of this act is required to return all funds to the 221
public entity so it may be disbursed to an eligible recipient. 222
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(2) Any private individual or entity who, acting in good 223
faith or without actual or constructive knowledge that the 224
transaction in issue was a taxpayer resource transaction 225
prohibited by this act, suffers from damage or loss proximately 226
caused in whole or in party by a violation of this act, may bring 227
an action for actual damages, nominal damages, expenses of 228
litigation, court costs, and reasonable attorney's fees against an 229
individual or entity who knowingly violates this act. Recovery 230
under this subsection shall not be available to an individual or 231
entity who acted with actual or constructive knowledge that the 232
transaction in issue was a taxpayer resource transaction. 233
(3) Any private individual or entity who, acting in good 234
faith and without actual or constructive knowledge that the 235
transaction in issue was a taxpayer resource transaction 236
prohibited by this act, is required to pay a fine or return funds 237
under Section 7(1) of this act, or pay judgement under Section 238
7(2) of this act, shall have a right to recover any such fines, 239
returned funds or judgements, any other damages arising therefrom, 240
including actual damages, nominal damages, expenses of litigation, 241
court costs, and reasonable attorney's fees, from the abortion 242
provider or abortion assistance entity connected with the 243
transaction. 244
SECTION 8. (1) This section supersedes any previous law 245
regarding restrictions on the use of public funds for abortion or 246
on taxpayer resource transactions with abortion providers or 247
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affiliates of abortion providers. If any current or future law 248
regarding restrictions on the use of public funds for abortion or 249
on taxpayer resource transactions with abortion providers or 250
affiliates of abortion providers conflict with this act, the more 251
restrictive provision shall apply. 252
(2) This act may not be construed to restrict a municipality 253
or county from prohibiting abortions. 254
SECTION 9. (1) No insurance contracts, plans or policies 255
delivered or issued for delivery in the state under this act, 256
except policies issued under Chapter 87, shall provide coverage 257
for elective abortions. Nothing in this section shall be 258
construed to prevent coverage for treatment to preserve the life 259
of the mother in a medical emergency, to increase the probability 260
of a live birth, to preserve the life and health of the child 261
after live birth or to remove a dead fetus, or any reason that is 262
an exception to abortion as defined in Section 41-41-45. For any 263
contract, plan or policy issued before the effective date of this 264
act, any coverage provided for services in violation of this act 265
shall be deemed by operation of law to be stricken from the 266
coverage provided thereunder. 267
(2) Subsection (1) of this section shall be applicable to 268
all contracts, plans and policies subject to this act, except 269
policies under Chapter 87, including, without limitation: 270
(a) All health insurers subject to this act; 271
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ST: Abortion providers; prohibit public
business with.
(b) All nonprofit hospitals, medical, surgical, dental 272
and health service corporations subject to this title; 273
(c) All health maintenance organizations; 274
(d) The health insurance exchange established within 275
this state or any health insurance exchange administered by the 276
federal government or its agencies within this state; and 277
(e) State public employee health insurance. 278
(3) This section shall be applicable only to contracts, 279
plans or policies written, issued, renewed or revised after the 280
effective date of this act. 281
SECTION 10. This act shall take effect and be in force from 282
and after July 1, 2026. 283