23 MAC Pt. 200, R. 3.6
Freedom of Choice of Providers
Cite as 23 Miss. Admin. Code Pt. 200, R. 3.6
Freedom of Choice of Providers
A. Medicaid beneficiaries have the right to freedom of choice of providers for Medicaid covered
services. Any individual eligible for medical assistance, including drugs, may obtain such
assistance from any institution, agency, community pharmacy, or person qualified to perform
the service or services required.
B. Providers of Medicaid services agree to comply with this section of the Act in the Provider
Agreement. This means that providers may not take any action to deny freedom of choice to
individuals eligible for Medicaid by using systems, methods, or devices which would require
persons eligible for Medicaid to obtain a service from a particular provider.
C. This also means that providers may not require any individuals eligible for Medicaid to sign
a statement of waiver, if such statement would, in any manner, deny or restrict that
individual's free choice of a provider of any services for which the individual may be
eligible. Providers cannot use any method of inducement, including free transportation,
refreshments, cash or gifts, to influence a beneficiary to select a certain provider.
D. Exception: Under a federal waiver or approved State Plan amendment, freedom of choice
may be restricted for individuals enrolled in a managed care program. These individuals are
required to receive primary care from a primary care provider (PCP) and have specialty care
prior authorized by the PCP.