Assembly Bill No. 172–Assemblymen Ohrenschall, Lee, Chowning, Claborn, Carpenter, Neighbors, Manendo, Price, Collins, Parks, Giunchigliani, Williams, Arberry, Anderson, Bache, Koivisto, McClain, Mortenson, de Braga, Humke, Berman, Segerblom and Gibbons
February 9, 1999
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Referred to Committee on Commerce and Labor
SUMMARY—Requires managed care organization to cover certain services provided to person at hospital after he receives emergency services and requires pharmacy to fill a prescription for a drug by its brand name upon request. (BDR 57-976)
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:
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Section 1. Chapter 695G of NRS is hereby amended by adding1-2
thereto a new section to read as follows:1-3
1. If a physician recommends that an insured who received medically1-4
necessary emergency services at a hospital remain in the hospital for1-5
observation or to receive additional treatment after the insured becomes1-6
stable, the managed care organization shall provide coverage for the1-7
additional stay and treatment if:1-8
(a) The physician, insured or a person designated by either of them1-9
contacts the managed care organization in the manner required in the1-10
health care plan of the insured to receive authorization; and1-11
(b) The managed care organization does not affirmatively deny1-12
coverage for the additional stay or treatment.2-1
2. If a managed care organization does not immediately affirmatively2-2
deny coverage for the additional stay and treatment when contacted2-3
pursuant to subsection 1, the managed care organization shall provide2-4
coverage for any additional stay and treatment provided to the insured2-5
before the managed care organization has affirmatively denied coverage.2-6
3. A health care plan subject to the provisions of this section that is2-7
delivered, issued for delivery or renewed on or after October 1, 1999, has2-8
the legal effect of including the coverage required by this section, and2-9
any provision of the plan or the renewal which is in conflict with this2-10
section is void.2-11
4. As used in this section, "medically necessary emergency services"2-12
has the meaning ascribed to it in subsection 3 of NRS 695G.170.2-13
Sec. 2. NRS 639.2583 is hereby amended to read as follows: 639.25832-15
1. Except as otherwise provided in subsection 2, if a practitioner has2-16
prescribed a drug by brand name and has not indicated that a substitution is2-17
prohibited, a pharmacist:2-18
2-19
governmental agency; and2-20
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fill the prescription with another drug which is available to him, is less2-22
expensive than the drug prescribed, is biologically equivalent, has the same2-23
active ingredient or ingredients of the same strength, quantity and form of2-24
dosage and is of the same generic type as the drug prescribed. The2-25
pharmacist may also make such a substitution if the prescription was2-26
written by a practitioner from outside this state and indicates that a2-27
substitution may be made.2-28
2. If the person presenting the prescription to a pharmacist requests2-29
to have the prescription filled with the drug under its brand name, the2-30
pharmacist shall fill the prescription with the drug under its brand name2-31
or, if unavailable, order the drug for the person under its brand name. If2-32
the drug under its brand name is more expensive than the substitution,2-33
the pharmacy may charge the person the amount of the difference in the2-34
cost.~