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
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: 689A.410 1. Except as otherwise provided in subsection 2, an1-3
insurer shall approve or deny a claim relating to a policy of health1-4
insurance within 30 days after the insurer receives the claim. If the claim is1-5
denied, the insurer shall immediately notify the claimant and inform the1-6
claimant of the reason for the denial. If the claim is approved, the insurer1-7
shall pay the claim within 30 days after it is approved. If the approved1-8
claim is not paid within that period, the insurer shall pay interest on the1-9
claim at the rate of interest established pursuant to NRS 99.040. The1-10
interest must be calculated from the date the payment is due until the claim1-11
is paid.1-12
2. If the insurer requires additional information to determine whether1-13
to approve or deny the claim, it shall notify the claimant of its request for1-14
the additional information within 20 days after it receives the claim. The1-15
insurer shall notify the provider of health care of the reason for the delay in1-16
approving or denying the claim. The insurer shall approve or deny the2-1
claim within 30 days after receiving the additional information. If the2-2
claim is denied, the insurer shall immediately notify the claimant and2-3
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 the2-5
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 in2-7
subsection 1.2-8
Sec. 2. NRS 689B.255 is hereby amended to read as follows: 689B.255 1. Except as otherwise provided in subsection 2, an2-10
insurer shall approve or deny a claim relating to a policy of group health2-11
insurance or blanket insurance within 30 days after the insurer receives the2-12
claim. If the claim is denied, the insurer shall immediately notify the2-13
claimant and inform the claimant of the reason for the denial. If the2-14
claim is approved, the insurer shall pay the claim within 30 days after it is2-15
approved. If the approved claim is not paid within that period, the insurer2-16
shall pay interest on the claim at the rate of interest established pursuant to2-17
NRS 99.040. The interest must be calculated from the date the payment is2-18
due until the claim is paid.2-19
2. If the insurer requires additional information to determine whether2-20
to approve or deny the claim, it shall notify the claimant of its request for2-21
the additional information within 20 days after it receives the claim. The2-22
insurer shall notify the provider of health care of the reason for the delay in2-23
approving or denying the claim. The insurer shall approve or deny the2-24
claim within 30 days after receiving the additional information. If the2-25
claim is denied, the insurer shall immediately notify the claimant and2-26
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 the2-28
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 in2-30
subsection 1.2-31
Sec. 3. NRS 695A.188 is hereby amended to read as follows: 695A.188 1. Except as otherwise provided in subsection 2, a society2-33
shall approve or deny a claim relating to a certificate of health insurance2-34
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 the2-36
claimant of the reason for the denial. If the claim is approved, the society2-37
shall pay the claim within 30 days after it is approved. If the approved2-38
claim is not paid within that period, the society shall pay interest on the2-39
claim at the rate of interest established pursuant to NRS 99.040. The2-40
interest must be calculated from the date the payment is due until the claim2-41
is paid.2-42
2. If the society requires additional information to determine whether2-43
to approve or deny the claim, it shall notify the claimant of its request for3-1
the additional information within 20 days after it receives the claim. The3-2
society shall notify the provider of health care of the reason for the delay in3-3
approving or denying the claim. The society shall approve or deny the3-4
claim within 30 days after receiving the additional information. If the3-5
claim is denied, the insurer shall immediately notify the claimant and3-6
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 the3-8
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 in3-10
subsection 1.3-11
Sec. 4. NRS 695B.2505 is hereby amended to read as follows: 695B.2505 1. Except as otherwise provided in subsection 2, a3-13
corporation subject to the provisions of this chapter shall approve or deny a3-14
claim relating to a contract for dental, hospital or medical services within3-15
30 days after the corporation receives the claim. If the claim is denied, the3-16
insurer shall immediately notify the claimant and inform the claimant of3-17
the reason for the denial. If the claim is approved, the corporation shall3-18
pay the claim within 30 days after it is approved. If the approved claim is3-19
not paid within that period, the corporation shall pay interest on the claim3-20
at the rate of interest established pursuant to NRS 99.040. The interest3-21
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 determine3-23
whether to approve or deny the claim, it shall notify the claimant of its3-24
request for the additional information within 20 days after it receives the3-25
claim. The corporation shall notify the provider of dental, hospital or3-26
medical services of the reason for the delay in approving or denying the3-27
claim. The corporation shall approve or deny the claim within 30 days3-28
after receiving the additional information. If the claim is denied, the3-29
insurer shall immediately notify the claimant and inform the claimant of3-30
the reason for the denial. If the claim is approved, the corporation shall3-31
pay the claim within 30 days after it receives the additional information. If3-32
the approved claim is not paid within that period, the corporation shall pay3-33
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: 695C.185 1. Except as otherwise provided in subsection 2, a health3-36
maintenance organization shall approve or deny a claim relating to a health3-37
care plan within 30 days after the health maintenance organization receives3-38
the claim. If the claim is denied, the insurer shall immediately notify the3-39
claimant and inform the claimant of the reason for the denial. If the3-40
claim is approved, the health maintenance organization shall pay the claim3-41
within 30 days after it is approved. If the approved claim is not paid within3-42
that period, the health maintenance organization shall pay interest on the3-43
claim at the rate of interest established pursuant to NRS 99.040. The4-1
interest must be calculated from the date the payment is due until the claim4-2
is paid.5-1
2. If the health maintenance organization requires additional5-2
information to determine whether to approve or deny the claim, it shall5-3
notify the claimant of its request for the additional information within 205-4
days after it receives the claim. The health maintenance organization shall5-5
notify the provider of health care services of the reason for the delay in5-6
approving or denying the claim. The health maintenance organization shall5-7
approve or deny the claim within 30 days after receiving the additional5-8
information. If the claim is denied, the insurer shall immediately notify5-9
the claimant and inform the claimant of the reason for the denial. If the5-10
claim is approved, the health maintenance organization shall pay the claim5-11
within 30 days after it receives the additional information. If the approved5-12
claim is not paid within that period, the health maintenance organization5-13
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: 695G.170 1. Each managed care organization shall provide coverage5-16
for medically necessary emergency services5-17
the managed care organization does not have a contract with the hospital5-18
at which an insured receives medically necessary emergency services, the5-19
managed care organization shall reimburse the hospital in the same5-20
amount and manner that it reimburses a hospital with which it has a5-21
contract for the provision of medically necessary emergency services.5-22
2. A managed care organization shall not require prior authorization5-23
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 of5-26
health care after the sudden onset of a medical condition that manifests5-27
itself by symptoms of such sufficient severity that a prudent person would5-28
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; or5-32
(d) Serious dysfunction of any bodily organ or part.5-33
4. A health care plan subject to the provisions of this section that is5-34
delivered, issued for delivery or renewed on or after October 1,5-35
1999, has the legal effect of including the coverage required by this5-36
section, and any provision of the plan or the renewal which is in conflict5-37
with this section is void.~