Assembly Bill No. 293–Assemblymen Nolan, Beers, Brower, de Braga, Chowning, Evans, Leslie, Hettrick, Cegavske, Gustavson and Angle

February 22, 1999

____________

Referred to Committee on Commerce and Labor

 

SUMMARY—Makes various changes concerning health insurers. (BDR 57-1429)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to insurance; requiring certain health insurers to inform a claimant immediately when a claim is denied and to inform the claimant of the reason for the denial; requiring a managed care organization to provide coverage for medically necessary emergency services provided to an insured at any hospital; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 689A.410 is hereby amended to read as follows:

1-2 689A.410 1. Except as otherwise provided in subsection 2, an

1-3 insurer shall approve or deny a claim relating to a policy of health

1-4 insurance within 30 days after the insurer receives the claim. If the claim is

1-5 denied, the insurer shall immediately notify the claimant and inform the

1-6 claimant of the reason for the denial. If the claim is approved, the insurer

1-7 shall pay the claim within 30 days after it is approved. If the approved

1-8 claim is not paid within that period, the insurer shall pay interest on the

1-9 claim at the rate of interest established pursuant to NRS 99.040. The

1-10 interest must be calculated from the date the payment is due until the claim

1-11 is paid.

1-12 2. If the insurer requires additional information to determine whether

1-13 to approve or deny the claim, it shall notify the claimant of its request for

1-14 the additional information within 20 days after it receives the claim. The

1-15 insurer shall notify the provider of health care of the reason for the delay in

1-16 approving or denying the claim. The insurer shall approve or deny the

2-1 claim within 30 days after receiving the additional information. If the

2-2 claim is denied, the insurer shall immediately notify the claimant and

2-3 inform the claimant of the reason for the denial. If the claim is approved,

2-4 the insurer shall pay the claim within 30 days after it receives the

2-5 additional information. If the approved claim is not paid within that period,

2-6 the insurer shall pay interest on the claim in the manner prescribed in

2-7 subsection 1.

2-8 Sec. 2. NRS 689B.255 is hereby amended to read as follows:

2-9 689B.255 1. Except as otherwise provided in subsection 2, an

2-10 insurer shall approve or deny a claim relating to a policy of group health

2-11 insurance or blanket insurance within 30 days after the insurer receives the

2-12 claim. If the claim is denied, the insurer shall immediately notify the

2-13 claimant and inform the claimant of the reason for the denial. If the

2-14 claim is approved, the insurer shall pay the claim within 30 days after it is

2-15 approved. If the approved claim is not paid within that period, the insurer

2-16 shall pay interest on the claim at the rate of interest established pursuant to

2-17 NRS 99.040. The interest must be calculated from the date the payment is

2-18 due until the claim is paid.

2-19 2. If the insurer requires additional information to determine whether

2-20 to approve or deny the claim, it shall notify the claimant of its request for

2-21 the additional information within 20 days after it receives the claim. The

2-22 insurer shall notify the provider of health care of the reason for the delay in

2-23 approving or denying the claim. The insurer shall approve or deny the

2-24 claim within 30 days after receiving the additional information. If the

2-25 claim is denied, the insurer shall immediately notify the claimant and

2-26 inform the claimant of the reason for the denial. If the claim is approved,

2-27 the insurer shall pay the claim within 30 days after it receives the

2-28 additional information. If the approved claim is not paid within that period,

2-29 the insurer shall pay interest on the claim in the manner prescribed in

2-30 subsection 1.

2-31 Sec. 3. NRS 695A.188 is hereby amended to read as follows:

2-32 695A.188 1. Except as otherwise provided in subsection 2, a society

2-33 shall approve or deny a claim relating to a certificate of health insurance

2-34 within 30 days after the society receives the claim. If the claim is denied,

2-35 the insurer shall immediately notify the claimant and inform the

2-36 claimant of the reason for the denial. If the claim is approved, the society

2-37 shall pay the claim within 30 days after it is approved. If the approved

2-38 claim is not paid within that period, the society shall pay interest on the

2-39 claim at the rate of interest established pursuant to NRS 99.040. The

2-40 interest must be calculated from the date the payment is due until the claim

2-41 is paid.

2-42 2. If the society requires additional information to determine whether

2-43 to approve or deny the claim, it shall notify the claimant of its request for

3-1 the additional information within 20 days after it receives the claim. The

3-2 society shall notify the provider of health care of the reason for the delay in

3-3 approving or denying the claim. The society shall approve or deny the

3-4 claim within 30 days after receiving the additional information. If the

3-5 claim is denied, the insurer shall immediately notify the claimant and

3-6 inform the claimant of the reason for the denial. If the claim is approved,

3-7 the society shall pay the claim within 30 days after it receives the

3-8 additional information. If the approved claim is not paid within that period,

3-9 the society shall pay interest on the claim in the manner prescribed in

3-10 subsection 1.

3-11 Sec. 4. NRS 695B.2505 is hereby amended to read as follows:

3-12 695B.2505 1. Except as otherwise provided in subsection 2, a

3-13 corporation subject to the provisions of this chapter shall approve or deny a

3-14 claim relating to a contract for dental, hospital or medical services within

3-15 30 days after the corporation receives the claim. If the claim is denied, the

3-16 insurer shall immediately notify the claimant and inform the claimant of

3-17 the reason for the denial. If the claim is approved, the corporation shall

3-18 pay the claim within 30 days after it is approved. If the approved claim is

3-19 not paid within that period, the corporation shall pay interest on the claim

3-20 at the rate of interest established pursuant to NRS 99.040. The interest

3-21 must be calculated from the date the payment is due until the claim is paid.

3-22 2. If the corporation requires additional information to determine

3-23 whether to approve or deny the claim, it shall notify the claimant of its

3-24 request for the additional information within 20 days after it receives the

3-25 claim. The corporation shall notify the provider of dental, hospital or

3-26 medical services of the reason for the delay in approving or denying the

3-27 claim. The corporation shall approve or deny the claim within 30 days

3-28 after receiving the additional information. If the claim is denied, the

3-29 insurer shall immediately notify the claimant and inform the claimant of

3-30 the reason for the denial. If the claim is approved, the corporation shall

3-31 pay the claim within 30 days after it receives the additional information. If

3-32 the approved claim is not paid within that period, the corporation shall pay

3-33 interest on the claim in the manner prescribed in subsection 1.

3-34 Sec. 5. NRS 695C.185 is hereby amended to read as follows:

3-35 695C.185 1. Except as otherwise provided in subsection 2, a health

3-36 maintenance organization shall approve or deny a claim relating to a health

3-37 care plan within 30 days after the health maintenance organization receives

3-38 the claim. If the claim is denied, the insurer shall immediately notify the

3-39 claimant and inform the claimant of the reason for the denial. If the

3-40 claim is approved, the health maintenance organization shall pay the claim

3-41 within 30 days after it is approved. If the approved claim is not paid within

3-42 that period, the health maintenance organization shall pay interest on the

3-43 claim at the rate of interest established pursuant to NRS 99.040. The

4-1 interest must be calculated from the date the payment is due until the claim

4-2 is paid.

5-1 2. If the health maintenance organization requires additional

5-2 information to determine whether to approve or deny the claim, it shall

5-3 notify the claimant of its request for the additional information within 20

5-4 days after it receives the claim. The health maintenance organization shall

5-5 notify the provider of health care services of the reason for the delay in

5-6 approving or denying the claim. The health maintenance organization shall

5-7 approve or deny the claim within 30 days after receiving the additional

5-8 information. If the claim is denied, the insurer shall immediately notify

5-9 the claimant and inform the claimant of the reason for the denial. If the

5-10 claim is approved, the health maintenance organization shall pay the claim

5-11 within 30 days after it receives the additional information. If the approved

5-12 claim is not paid within that period, the health maintenance organization

5-13 shall pay interest on the claim in the manner prescribed in subsection 1.

5-14 Sec. 6. NRS 695G.170 is hereby amended to read as follows:

5-15 695G.170 1. Each managed care organization shall provide coverage

5-16 for medically necessary emergency services [.] provided at any hospital. If

5-17 the managed care organization does not have a contract with the hospital

5-18 at which an insured receives medically necessary emergency services, the

5-19 managed care organization shall reimburse the hospital in the same

5-20 amount and manner that it reimburses a hospital with which it has a

5-21 contract for the provision of medically necessary emergency services.

5-22 2. A managed care organization shall not require prior authorization

5-23 for medically necessary emergency services.

5-24 3. As used in this section, "medically necessary emergency services"

5-25 means health care services that are provided to an insured by a provider of

5-26 health care after the sudden onset of a medical condition that manifests

5-27 itself by symptoms of such sufficient severity that a prudent person would

5-28 believe that the absence of immediate medical attention could result in:

5-29 (a) Serious jeopardy to the health of an insured;

5-30 (b) Serious jeopardy to the health of an unborn child;

5-31 (c) Serious impairment of a bodily function; or

5-32 (d) Serious dysfunction of any bodily organ or part.

5-33 4. A health care plan subject to the provisions of this section that is

5-34 delivered, issued for delivery or renewed on or after October 1, [1997,]

5-35 1999, has the legal effect of including the coverage required by this

5-36 section, and any provision of the plan or the renewal which is in conflict

5-37 with this section is void.

~