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

February 22, 1999

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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.

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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; making various changes concerning the notice required to be provided to an insured when an insurer denies coverage of a health care service; 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.755 is hereby amended to read as follows:

1-2 689A.755 1. Following approval by the commissioner, each insurer

1-3 that issues a policy of health insurance in this state shall provide written

1-4 notice to an insured, in clear and comprehensible language that is

1-5 understandable to an ordinary layperson, explaining the right of the insured

1-6 to file a written complaint. Such notice must be provided to an insured:

1-7 (a) At the time he receives his evidence of coverage;

1-8 (b) Any time that the insurer denies coverage of a health care service or

1-9 limits coverage of a health care service to an insured; and

1-10 (c) Any other time deemed necessary by the commissioner.

1-11 2. Any time that an insurer denies coverage of a health care service to

1-12 an insured , including, without limitation, denying a claim relating to a

1-13 policy of health insurance pursuant to NRS 689A.410, it shall notify the

1-14 insured in writing within 10 working days after it denies coverage of the

1-15 health care service of:

1-16 (a) The reason for denying coverage of the service;

2-1 (b) The criteria by which the insurer determines whether to authorize or

2-2 deny coverage of the health care service; and

2-3 (c) His right to file a written complaint [.] and the procedure for filing

2-4 such a complaint.

2-5 3. A written notice which is approved by the commissioner shall be

2-6 deemed to be in clear and comprehensible language that is understandable

2-7 to an ordinary layperson.

2-8 Sec. 2. NRS 689B.0295 is hereby amended to read as follows:

2-9 689B.0295 1. Following approval by the commissioner, each insurer

2-10 that issues a policy of group health insurance in this state shall provide

2-11 written notice to an insured, in clear and comprehensible language that is

2-12 understandable to an ordinary layperson, explaining the right of the insured

2-13 to file a written complaint. Such notice must be provided to an insured:

2-14 (a) At the time he receives his certificate of coverage or evidence of

2-15 coverage;

2-16 (b) Any time that the insurer denies coverage of a health care service or

2-17 limits coverage of a health care service to an insured; and

2-18 (c) Any other time deemed necessary by the commissioner.

2-19 2. Any time that an insurer denies coverage of a health care service ,

2-20 including, without limitation, denying a claim relating to a policy of

2-21 group health insurance or blanket insurance pursuant to NRS 689B.255,

2-22 to an insured it shall notify the insured in writing within 10 working days

2-23 after it denies coverage of the health care service of:

2-24 (a) The reason for denying coverage of the service;

2-25 (b) The criteria by which the insurer determines whether to authorize or

2-26 deny coverage of the health care service; and

2-27 (c) His right to file a written complaint [.] and the procedure for filing

2-28 such a complaint.

2-29 3. A written notice which is approved by the commissioner shall be

2-30 deemed to be in clear and comprehensible language that is understandable

2-31 to an ordinary layperson.

2-32 Sec. 3. NRS 695B.400 is hereby amended to read as follows:

2-33 695B.400 1. Following approval by the commissioner, each insurer

2-34 that issues a contract for hospital or medical services in this state shall

2-35 provide written notice to an insured, in clear and comprehensible language

2-36 that is understandable to an ordinary layperson, explaining the right of the

2-37 insured to file a written complaint. Such notice must be provided to an

2-38 insured:

2-39 (a) At the time he receives his certificate of coverage or evidence of

2-40 coverage;

2-41 (b) Any time that the insurer denies coverage of a health care service or

2-42 limits coverage of a health care service to an insured; and

2-43 (c) Any other time deemed necessary by the commissioner.

3-1 2. Any time that an [insured] insurer denies coverage of a health care

3-2 service to a beneficiary or subscriber , including, without limitation,

3-3 denying a claim relating to a contract for dental, hospital or medical

3-4 services pursuant to NRS 695B.2505, it shall notify the beneficiary or

3-5 subscriber in writing within 10 working days after it denies coverage of

3-6 the health care service of:

3-7 (a) The reason for denying coverage of the service;

3-8 (b) The criteria by which the insurer determines whether to authorize or

3-9 deny coverage of the health care service; and

3-10 (c) His right to file a written complaint [.] and the procedure for filing

3-11 such a complaint.

3-12 3. A written notice which is approved by the commissioner shall be

3-13 deemed to be in clear and comprehensible language that is understandable

3-14 to an ordinary layperson.

3-15 Sec. 4. NRS 695G.230 is hereby amended to read as follows:

3-16 695G.230 1. Following approval by the commissioner, each managed

3-17 care organization shall provide written notice to an insured, in clear and

3-18 comprehensible language that is understandable to an ordinary layperson,

3-19 explaining the right of the insured to file a written complaint and to obtain

3-20 an expedited review pursuant to NRS 695G.210. Such notice must be

3-21 provided to an insured:

3-22 (a) At the time he receives his certificate of coverage or evidence of

3-23 coverage;

3-24 (b) Any time that the managed care organization denies coverage of a

3-25 health care service or limits coverage of a health care service to an insured;

3-26 and

3-27 (c) Any other time deemed necessary by the commissioner.

3-28 2. Any time that a managed care organization denies coverage of a

3-29 health care service to an insured , including, without limitation, a health

3-30 maintenance organization that denies a claim related to a health care

3-31 plan pursuant to NRS 695C.185, it shall notify the insured in writing

3-32 within 10 working days after it denies coverage of the health care service

3-33 of:

3-34 (a) The reason for denying coverage of the service;

3-35 (b) The criteria by which the managed care organization or insurer

3-36 determines whether to authorize or deny coverage of the health care

3-37 service; and

3-38 (c) His right to file a written complaint [.] and the procedure for filing

3-39 such a complaint.

3-40 3. A written notice which is approved by the commissioner shall be

3-41 deemed to be in clear and comprehensible language that is understandable

3-42 to an ordinary layperson.

4-1 Sec. 5. NRS 695G.170 is hereby amended to read as follows:

4-2 695G.170 1. Each managed care organization shall provide coverage

4-3 for medically necessary emergency services [.] provided at any hospital.

4-4 2. A managed care organization shall not require prior authorization

4-5 for medically necessary emergency services.

4-6 3. As used in this section, "medically necessary emergency services"

4-7 means health care services that are provided to an insured by a provider of

4-8 health care after the sudden onset of a medical condition that manifests

4-9 itself by symptoms of such sufficient severity that a prudent person would

4-10 believe that the absence of immediate medical attention could result in:

4-11 (a) Serious jeopardy to the health of an insured;

4-12 (b) Serious jeopardy to the health of an unborn child;

4-13 (c) Serious impairment of a bodily function; or

4-14 (d) Serious dysfunction of any bodily organ or part.

4-15 4. A health care plan subject to the provisions of this section that is

4-16 delivered, issued for delivery or renewed on or after October 1, [1997,]

4-17 1999, has the legal effect of including the coverage required by this section,

4-18 and any provision of the plan or the renewal which is in conflict with this

4-19 section is void.

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