23 MAC Pt. 202, R. 5.4
Abortions
Cite as 23 Miss. Admin. Code Pt. 202, R. 5.4
Abortions
A. Notwithstanding any other provision of law to the contrary, no public funds that are made
available to any institution, board, commission, department, agency, official, or employee of
the State of Mississippi, or of any local political subdivision of the state, whether those funds
are made available by the government of the United States, the State of Mississippi, or a local
governmental subdivision, or from any other public source, shall be used in any way for, to
assist in, or to provide facilities for abortion, except:
1. When the abortion is medically necessary to prevent the death of the mother, or
2. When the abortion is being sought to terminate a pregnancy resulting from an alleged act
of rape or incest, or
3. When there is a fetal malformation that is incompatible with the baby being born alive.
B. Medicaid coverage for abortion services is governed by federal law under the Hyde
Amendment, which provides that abortion services are reimbursable under Medicaid in an
inpatient or outpatient hospital setting in accordance with current standards of medical
practice as follows:
1. When the abortion is medically necessary to prevent the death of the mother, or
2. When the abortion is being sought to terminate a pregnancy resulting from an alleged act
of rape or incest.
C. The physician is required to maintain sufficient documentation in the medical record that
supports the medical necessity for the abortion for one of the reasons outlined in Rule
5.4.B.(a)(b).