Refusal to Provide Medical Services

Mississippi allows certain individuals or entities to refuse to provide women specific reproductive health services, information, or referrals.

HEALTH CARE PROVIDER AND HEALTH CARE INSTITUTION REFUSAL CLAUSES

Mississippi allows certain individuals or entities to refuse to comply with individual health care instructions or decisions based on conscience.

To whom does the refusal clause apply?  Health care providers, health care institutions, and health care payers.

What does the refusal clause allow?  A health care provider may refuse to comply with an individual health care instruction or decision and may refuse to participate in any health care service for reasons of conscience.  A health care institution may refuse to comply with an individual health care instruction or health care decision and may refuse to participate in any health care service for reasons of conscience.  A health care payer may refuse to pay or arrange for payment of a health care service for reasons of conscience.

No health care provider, health care institution, or health care payer may be held civilly, criminally, or administratively liable for refusing to participate in a health care service for reasons of conscience.

It is unlawful to discriminate against a health care provider, health care institution, or health care payer for refusing to participate in a health care service for reasons of conscience.

Does the law require the refusing entity to notify the persons affected?  Yes, under some circumstances.  A health care provider or health care institution that refuses to comply with an individual health care instruction or health care decision must promptly inform the patient.

Are there circumstances under which a refusal clause may not be exercised?  No.

Does the law require the refusing individual or entity to provide medically and factually accurate information or provide a referral for the requested health services?  No.

Does the law provide a mechanism for women to otherwise obtain specific reproductive health services, information, or referrals if an individual and/or entity exercises a refusal clause?  Yes, under some circumstances.  A health care provider or health care institution that refuses to comply with an individual health care instruction or health care decision must (1) inform the patient promptly; (2) make all reasonable efforts to assist in the transfer of the patient to another health care provider or institution that is willing to comply with the instruction or decision; and (3) provide continuing care to the patent until the transfer is accomplished or until it appears that a transfer cannot be accomplished.

Miss. Code Ann. §§ 41-41-215 (Enacted 1998; Last Amended 1999), 41-107-1 to -13 (Enacted 2004).