Assembly Bill No. 162–Assemblymen Berman, Ohrenschall, Chowning, Freeman, Segerblom, Cegavske, Williams, Tiffany, Evans, Giunchigliani, Buckley, de Braga, McClain, Von Tobel, Angle and Koivisto
February 9, 1999
____________
Referred to Committee on Commerce and Labor
SUMMARY—Requires certain policies of health insurance to include coverage for services related to diagnosis, treatment and management of osteoporosis. (BDR 57-621)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 689A of NRS is hereby amended by adding1-2
thereto a new section to read as follows:1-3
1. A policy of health insurance must provide coverage for services1-4
related to the diagnosis, treatment and management of osteoporosis,1-5
including, without limitation:1-6
(a) A baseline bone-mass measurement for women 55 years of age or1-7
older;1-8
(b) An annual bone-mass measurement for women who are at risk of1-9
developing osteoporosis, including, without limitation, women who are1-10
deficient in estrogen, women with vertebral abnormalities, women who1-11
are receiving long-term glucocorticoid therapy, women with primary1-12
hyperparathyroidism and women who have a family history of1-13
osteoporosis; and2-1
(c) A regular bone-mass measurement for men who are at risk of2-2
developing osteoporosis, including, without limitation, men with vertebral2-3
abnormalities, men who are receiving long-term glucocorticoid therapy,2-4
men with primary hyperparathyroidism and men who have a family2-5
history of osteoporosis.2-6
2. A policy of health insurance subject to the provisions of this2-7
chapter that is delivered, issued for delivery or renewed on or after2-8
October 1, 1999, has the legal effect of including the coverage required2-9
by this section, and any provision of the policy that conflicts with this2-10
section is void.2-11
3. As used in this section, "bone-mass measurement" means a2-12
radiologic or radioisotopic procedure or other scientifically proven2-13
technology performed on a person to identify bone mass or detect bone2-14
loss.2-15
Sec. 2. NRS 689A.330 is hereby amended to read as follows: 689A.330 If any policy is issued by a domestic insurer for delivery to2-17
a person residing in another state, and if the insurance commissioner or2-18
corresponding public officer of that other state has informed the2-19
commissioner that the policy is not subject to approval or disapproval by2-20
that officer, the commissioner may by ruling require that the policy meet2-21
the standards set forth in NRS 689A.030 to 689A.320, inclusive2-22
section 1 of this act.2-23
Sec. 3. Chapter 689B of NRS is hereby amended by adding thereto a2-24
new section to read as follows:2-25
1. A policy of group health insurance must provide coverage for2-26
services related to the diagnosis, treatment and management of2-27
osteoporosis, including, without limitation:2-28
(a) A baseline bone-mass measurement for women 55 years of age or2-29
older;2-30
(b) An annual bone-mass measurement for women who are at risk of2-31
developing osteoporosis, including, without limitation, women who are2-32
deficient in estrogen, women with vertebral abnormalities, women who2-33
are receiving long-term glucocorticoid therapy, women with primary2-34
hyperparathyroidism and women who have a family history of2-35
osteoporosis; and2-36
(c) A regular bone-mass measurement for men who are at risk of2-37
developing osteoporosis, including, without limitation, men with vertebral2-38
abnormalities, men who are receiving long-term glucocorticoid therapy,2-39
men with primary hyperparathyroidism and men who have a family2-40
history of osteoporosis.3-1
2. A policy of group health insurance subject to the provisions of this3-2
chapter that is delivered, issued for delivery or renewed on or after3-3
October 1, 1999, has the legal effect of including the coverage required3-4
by this section, and any provision of the policy that conflicts with this3-5
section is void.3-6
3. As used in this section, "bone-mass measurement" means a3-7
radiologic or radioisotopic procedure or other scientifically proven3-8
technology performed on a person to identify bone mass or detect bone3-9
loss.3-10
Sec. 4. Chapter 695B of NRS is hereby amended by adding thereto a3-11
new section to read as follows:3-12
1. A contract for hospital or medical service must provide coverage3-13
for services related to the diagnosis, treatment and management of3-14
osteoporosis, including, without limitation:3-15
(a) A baseline bone-mass measurement for women 55 years of age or3-16
older;3-17
(b) An annual bone-mass measurement for women who are at risk of3-18
developing osteoporosis, including, without limitation, women who are3-19
deficient in estrogen, women with vertebral abnormalities, women who3-20
are receiving long-term glucocorticoid therapy, women with primary3-21
hyperparathyroidism and women who have a family history of3-22
osteoporosis; and3-23
(c) A regular bone-mass measurement for men who are at risk of3-24
developing osteoporosis, including, without limitation, men with vertebral3-25
abnormalities, men who are receiving long-term glucocorticoid therapy,3-26
men with primary hyperparathyroidism and men who have a family3-27
history of osteoporosis.3-28
2. A contract for hospital or medical service subject to the provisions3-29
of this chapter that is delivered, issued for delivery or renewed on or after3-30
October 1, 1999, has the legal effect of including the coverage required3-31
by this section, and any provision of the contract that conflicts with this3-32
section is void.3-33
3. As used in this section, "bone-mass measurement" means a3-34
radiologic or radioisotopic procedure or other scientifically proven3-35
technology performed on a person to identify bone mass or detect bone3-36
loss.3-37
Sec. 5. Chapter 695C of NRS is hereby amended by adding thereto a3-38
new section to read as follows:3-39
1. A health maintenance plan must provide coverage for services3-40
related to the diagnosis, treatment and management of osteoporosis,3-41
including, without limitation:3-42
(a) A baseline bone-mass measurement for women 55 years of age or3-43
older;4-1
(b) An annual bone-mass measurement for women who are at risk of4-2
developing osteoporosis, including, without limitation, women who are4-3
deficient in estrogen, women with vertebral abnormalities, women who4-4
are receiving long-term glucocorticoid therapy, women with primary4-5
hyperparathyroidism and women who have a family history of4-6
osteoporosis; and4-7
(c) A regular bone-mass measurement for men who are at risk of4-8
developing osteoporosis, including, without limitation, men with vertebral4-9
abnormalities, men who are receiving long-term glucocorticoid therapy,4-10
men with primary hyperparathyroidism and men who have a family4-11
history of osteoporosis.4-12
2. Evidence of coverage subject to the provisions of this chapter that4-13
is delivered, issued for delivery or renewed on or after October 1, 1999,4-14
has the legal effect of including the coverage required by this section,4-15
and any provision of the evidence of coverage that conflicts with this4-16
section is void.4-17
3. As used in this section, "bone-mass measurement" means a4-18
radiologic or radioisotopic procedure or other scientifically proven4-19
technology performed on a person to identify bone mass or detect bone4-20
loss.4-21
Sec. 6. NRS 695C.050 is hereby amended to read as follows: 695C.050 1. Except as otherwise provided in this chapter or in4-23
specific provisions of this Title, the provisions of this Title are not4-24
applicable to any health maintenance organization granted a certificate of4-25
authority under this chapter. This provision does not apply to an insurer4-26
licensed and regulated pursuant to this Title except with respect to its4-27
activities as a health maintenance organization authorized and regulated4-28
pursuant to this chapter.4-29
2. Solicitation of enrollees by a health maintenance organization4-30
granted a certificate of authority, or its representatives, must not be4-31
construed to violate any provision of law relating to solicitation or4-32
advertising by practitioners of a healing art.4-33
3. Any health maintenance organization authorized under this chapter4-34
shall not be deemed to be practicing medicine and is exempt from the4-35
provisions of chapter 630 of NRS.4-36
4. The provisions of NRS 695C.110, 695C.170 to 695C.200,4-37
inclusive, 695C.250 and 695C.265 and section 5 of this act do not apply4-38
to a health maintenance organization that provides health care services4-39
through managed care to recipients of Medicaid pursuant to a contract with4-40
the welfare division of the department of human resources. This subsection4-41
does not exempt a health maintenance organization from any provision of4-42
this chapter for services provided pursuant to any other contract.5-1
Sec. 7. NRS 695C.330 is hereby amended to read as follows: 695C.330 1. The commissioner may suspend or revoke any5-3
certificate of authority issued to a health maintenance organization5-4
pursuant to the provisions of this chapter if he finds that any of the5-5
following conditions exist:5-6
(a) The health maintenance organization is operating significantly in5-7
contravention of its basic organizational document, its health care plan or5-8
in a manner contrary to that described in and reasonably inferred from any5-9
other information submitted pursuant to NRS 695C.060, 695C.070 and5-10
695C.140, unless any amendments to those submissions have been filed5-11
with and approved by the commissioner;5-12
(b) The health maintenance organization issues evidence of coverage or5-13
uses a schedule of charges for health care services which do not comply5-14
with the requirements of NRS 695C.170 to 695C.200, inclusive, and5-15
section 5 of this act or 695C.207;5-16
(c) The health care plan does not furnish comprehensive health care5-17
services as provided for in NRS 695C.060;5-18
(d) The state board of health certifies to the commissioner that:5-19
(1) The health maintenance organization does not meet the5-20
requirements of subsection 2 of NRS 695C.080; or5-21
(2) The health maintenance organization is unable to fulfill its5-22
obligations to furnish health care services as required under its health care5-23
plan;5-24
(e) The health maintenance organization is no longer financially5-25
responsible and may reasonably be expected to be unable to meet its5-26
obligations to enrollees or prospective enrollees;5-27
(f) The health maintenance organization has failed to put into effect a5-28
mechanism affording the enrollees an opportunity to participate in matters5-29
relating to the content of programs pursuant to NRS 695C.110;5-30
(g) The health maintenance organization has failed to put into effect the5-31
system for complaints required by NRS 695C.260 in a manner reasonably5-32
to dispose of valid complaints;5-33
(h) The health maintenance organization or any person on its behalf has5-34
advertised or merchandised its services in an untrue, misrepresentative,5-35
misleading, deceptive or unfair manner;5-36
(i) The continued operation of the health maintenance organization5-37
would be hazardous to its enrollees; or5-38
(j) The health maintenance organization has otherwise failed to comply5-39
substantially with the provisions of this chapter.5-40
2. A certificate of authority must be suspended or revoked only after5-41
compliance with the requirements of NRS 695C.340.6-1
3. If the certificate of authority of a health maintenance organization is6-2
suspended, the health maintenance organization shall not, during the6-3
period of that suspension, enroll any additional groups or new individual6-4
contracts, unless those groups or persons were contracted for before the6-5
date of suspension.6-6
4. If the certificate of authority of a health maintenance organization is6-7
revoked, the organization shall proceed, immediately following the6-8
effective date of the order of revocation, to wind up its affairs and shall6-9
conduct no further business except as may be essential to the orderly6-10
conclusion of the affairs of the organization. It shall engage in no further6-11
advertising or solicitation of any kind. The commissioner may by written6-12
order permit such further operation of the organization as he may find to6-13
be in the best interest of enrollees to the end that enrollees are afforded the6-14
greatest practical opportunity to obtain continuing coverage for health care.6-15
Sec. 8. NRS 287.010 is hereby amended to read as follows: 287.010 1. The governing body of any county, school district,6-17
municipal corporation, political subdivision, public corporation or other6-18
public agency of the State of Nevada may:6-19
(a) Adopt and carry into effect a system of group life, accident or health6-20
insurance, or any combination thereof, for the benefit of its officers and6-21
employees, and the dependents of officers and employees who elect to6-22
accept the insurance and who, where necessary, have authorized the6-23
governing body to make deductions from their compensation for the6-24
payment of premiums on the insurance.6-25
(b) Purchase group policies of life, accident or health insurance, or any6-26
combination thereof, for the benefit of such officers and employees, and6-27
the dependents of such officers and employees, as have authorized the6-28
purchase, from insurance companies authorized to transact the business of6-29
such insurance in the State of Nevada, and, where necessary, deduct from6-30
the compensation of officers and employees the premiums upon insurance6-31
and pay the deductions upon the premiums.6-32
(c) Provide group life, accident or health coverage through a self-6-33
insurance reserve fund and, where necessary, deduct contributions to the6-34
maintenance of the fund from the compensation of officers and employees6-35
and pay the deductions into the fund. The money accumulated for this6-36
purpose through deductions from the compensation of officers and6-37
employees and contributions of the governing body must be maintained as6-38
an internal service fund as defined by NRS 354.543. The money must be6-39
deposited in a state or national bank authorized to transact business in the6-40
State of Nevada. Any independent administrator of a fund created under6-41
this section is subject to the licensing requirements of chapter 683A of6-42
NRS, and must be a resident of this state. Any contract with an6-43
independent administrator must be approved by the commissioner of7-1
insurance as to the reasonableness of administrative charges in relation to7-2
contributions collected and benefits provided. The provisions of NRS7-3
689B.030 to 689B.050, inclusive, and section 5 of this act apply to7-4
coverage provided pursuant to this paragraph.7-5
(d) Defray part or all of the cost of maintenance of a self-insurance fund7-6
or of the premiums upon insurance. The money for contributions must be7-7
budgeted for in accordance with the laws governing the county, school7-8
district, municipal corporation, political subdivision, public corporation or7-9
other public agency of the State of Nevada.7-10
2. If a school district offers group insurance to its officers and7-11
employees pursuant to this section, members of the board of trustees of the7-12
school district must not be excluded from participating in the group7-13
insurance. If the amount of the deductions from compensation required to7-14
pay for the group insurance exceeds the compensation to which a trustee is7-15
entitled, the difference must be paid by the trustee.~