2010 Mississippi Code
TITLE 83 - INSURANCE
Chapter 41 - Hospital and Medical Service Associations and Contracts.
83-41-213 - Right of insureds or other beneficiaries to be reimbursed for services performed by physicians or nurse practitioners within lawful scope of their practice; limitation on practices of nurses; promulgation of rules or regulations affecting practice of nurse practitioners.

§ 83-41-213. Right of insureds or other beneficiaries to be reimbursed for services performed by physicians or nurse practitioners within lawful scope of their practice; limitation on practices of nurses; promulgation of rules or regulations affecting practice of nurse practitioners.
 

[Until July 1, 2010, Section 83-41-213 shall read as follows:]
 

From and after January 1, 1999, whenever any policy of insurance or any medical service plan or hospital service contract or hospital and medical service contract issued, delivered, administered, continued or renewed in this state provides for reimbursement for any service which is within the lawful scope of practice of a duly certified nurse practitioner as provided for by rules and regulations implemented by the Mississippi Board of Nursing under Section 73-15-5(2), the insured or other person entitled to benefits under such policy shall be entitled to reimbursement for such services, whether such services are performed by a duly licensed physician or by a duly certified nurse practitioner, notwithstanding any provision to the contrary in any statute or in such policy, plan or contract. Duly certified nurse practitioners shall be entitled to participate in such policies, plans or contracts providing for the services of nurse practitioners, as authorized by the rules and regulations implemented by the Mississippi Board of Nursing under Section 73-15-5(2). Reimbursement shall be based on services rendered by a duly certified nurse practitioner. 
 

It is the intent of the Legislature by this section to provide for increased access of health delivery services to the underserved. 
 

[From and after July 1, 2010, Section 83-41-213 shall read as follows:]
 

(1)  From and after January 1, 1999, whenever any policy of insurance or any medical service plan or hospital service contract or hospital and medical service contract issued, delivered, administered, continued or renewed in this state provides for reimbursement for any service which is within the lawful scope of practice of a duly certified nurse practitioner working under the supervision of a duly licensed physician as provided for by rules and regulations implemented by the Mississippi Board of Nursing under Section 73-15-5(2), the insured or other person entitled to benefits under such policy shall be entitled to reimbursement for such services, whether such services are performed by a duly licensed physician or by a duly certified nurse practitioner working under the supervision of a duly licensed physician, notwithstanding any provision to the contrary in any statute or in such policy, plan or contract. Duly certified nurse practitioners shall be entitled to participate in such policies, plans or contracts providing for the services of nurse practitioners working under the supervision of a duly licensed physician, as authorized by the rules and regulations implemented by the Mississippi Board of Nursing under Section 73-15-5(2). Reimbursement shall be based on services rendered by a duly certified nurse practitioner. 
 

It is the intent of the Legislature by this section to provide for expanded health delivery services and to provide for some reduction of the cost of medical services where possible; and any payments made hereunder shall either be in lieu of payments to physicians or payments to physicians shall be reduced by that amount paid to a nurse practitioner for the performance of authorized services by such practitioner. 

(2)  Any action taken to prohibit nurses from practicing in a manner consistent with Section 73-15-1 et seq., including any limitation on clinical privileging or performing other activities consistent with standards of nursing practice, is prohibited. Any rules or regulations that impact the practice of nurse practitioners shall hereafter be jointly promulgated by the Mississippi Board of Nursing and the State Board of Medical Licensure. 
 

Sources: Laws,  1979, ch. 469; reenacted, 1982, ch. 357, § 1; reenacted, 1984, ch. 330, § 1; reenacted 1988, ch. 422, § 1; reenacted 1988, ch. 412, § 1; Laws, 1999, ch. 326, § 2; Laws, 2009, ch. 474, § 3, eff from and after July 1, 2009.