2013 Mississippi Code
Title 83 - INSURANCE
Chapter 71 - UNFAIR DISCRIMINATION AGAINST SUBJECTS OF ABUSE IN HEALTH, LIFE, AND DISABILITY INCOME INSURANCE
DISCRIMINATION AGAINST SUBJECTS OF ABUSE IN HEALTH INSURANCE
§ 83-71-9 - Health carrier or insurance professional taking adverse action on the basis of a medical condition health carrier or insurance professional knows is abuse-related required to provide explanation for action

A health carrier or insurance professional that takes an action that adversely affects an applicant or insured on the basis of a medical condition that the health carrier or insurance professional knows or has reason to know is abuse-related shall explain the reason for its action to the applicant or insured in writing and shall be able to demonstrate that its action, and any applicable plan provision:

(a) Does not have the purpose or effect of treating abuse status as a medical condition or underwriting criterion;

(b) Is not based upon any actual or perceived correlation between a medical condition and abuse;

(c) Is otherwise permissible by law and applies in the same manner and to the same extent to all applicants and insureds with a similar medical condition without regard to whether the condition or claim is abuse-related; and

(d) Except for claim actions, is based on a determination, made in conformance with sound actuarial principles and supported by reasonable statistical evidence, that there is a correlation between the medical condition and a material increase in insurance risk.