AN ACT TO AMEND SECTION 83-9-253, MISSISSIPPI CODE OF 1972, TO ALLOW THE COMMISSIONER OF INSURANCE TO APPLY FOR A STATE 1332 INNOVATION WAIVER, AND FOR OTHER RELATED PURPOSES.
Summary
SB 2702 amends Mississippi law governing the Commissioner of Insurance’s authority over the state health insurance exchange. The bill specifically adds express authority for the commissioner to apply for and implement a State Innovation Waiver under Section 1332 of the federal Affordable Care Act, so long as federal approval is obtained. It also clarifies that the commissioner may apply for, accept, and spend federal funds related to an exchange and/or a 1332 waiver, and may take action to carry out that authority beginning immediately after May 14, 2024.
In practical terms, the bill is designed to give the Mississippi Insurance Department a clearer statutory basis to pursue federal waiver options that could alter how the state’s individual health insurance market is structured or operated. The measure does not itself create a waiver or change coverage rules directly; rather, it authorizes the commissioner to seek federal approval and to use existing exchange-related powers to implement any approved waiver. The act takes effect upon passage.
Impact
The bill would amend Section 83-9-253 of the Mississippi Code to expand and clarify the Commissioner of Insurance’s authority regarding the state exchange and federal Affordable Care Act waiver activity. It would allow the commissioner to apply for, accept, and expend federal funds tied to exchange operations and a Section 1332 State Innovation Waiver, and to apply for and implement such a waiver if approved by the federal government. The bill could affect the administration of Mississippi’s health insurance marketplace, the state’s interaction with federal ACA waiver processes, and stakeholders such as insurers, exchange participants, and consumers in the individual market.
Sentiment
Based on the bill text and available context, the overall sentiment appears procedural and supportive rather than contentious. The bill is framed as an administrative authorization measure, giving the Insurance Commissioner flexibility to pursue a federal waiver option. There are no recorded committee transcripts or votes in the provided materials indicating opposition, amendment debate, or divided sentiment.
Contention
The main potential point of contention is the policy direction that could follow from a Section 1332 waiver, since such waivers can be used to reshape coverage, subsidies, premiums, or exchange operations in ways that may affect consumers differently. However, the bill itself does not specify the substance of any waiver proposal, so any disagreement would likely center on future waiver terms rather than the authorization language in SB 2702. Another possible issue is the breadth of authority granted to the commissioner, including the ability to use federal funds and engage actuarial assistance outside normal procurement rules, though no specific opposition is documented in the provided record.