Bill > HB1099

This bill, known as the Emergency Medical Care Clarity Act, mandates that hospitals must provide an appropriate medical screening examination to anyone who comes to their emergency department seeking care, or on whose behalf care is sought, to determine if an "emergency medical condition" exists, which is defined as a condition with acute symptoms of sufficient severity that the absence of immediate medical attention could reasonably be expected to result in serious harm to the person's health, bodily functions, or organs, and for pregnant individuals, this includes conditions like active labor, ectopic pregnancy, or complications of pregnancy where transfer might pose a threat. If an emergency medical condition is identified, the hospital and its staff have a duty to provide "stabilizing treatment," meaning medical care to ensure no material deterioration of the patient's condition is likely during discharge or transfer, and this treatment, including procedures like pregnancy termination when medically necessary to prevent death or serious impairment, cannot be delayed or denied for non-medical reasons such as inability to pay, insurance status, citizenship, pregnancy outcome, or personal or religious beliefs. Furthermore, if a patient's emergency medical condition is not stabilized, a hospital cannot transfer them unless specific conditions are met, including providing medical treatment to minimize risks, ensuring the receiving hospital has capacity and agrees to accept the patient, transferring all relevant medical records, using qualified personnel and equipment for the transfer, obtaining written consent from the patient or their representative after informing them of the risks, and having a physician certify that the benefits of transfer outweigh the risks. The bill also empowers the Attorney General and the State Department of Health to investigate and take civil action against violators, with potential penalties including fines and corrective orders, and allows individuals harmed by a violation to sue for damages and relief, while prohibiting hospitals from penalizing providers who stabilize patients according to medical standards and protecting employees who report violations from retaliation, and requiring hospitals with specialized facilities to accept appropriate transfers if they have the capacity.

Health and Social Services

https://billstatus.ls.state.ms.us/2026/pdf/history/HB/HB1099.xml