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
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: 689A.755 1. Following approval by the commissioner, each insurer1-3
that issues a policy of health insurance in this state shall provide written1-4
notice to an insured, in clear and comprehensible language that is1-5
understandable to an ordinary layperson, explaining the right of the insured1-6
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 or1-9
limits coverage of a health care service to an insured; and1-10
(c) Any other time deemed necessary by the commissioner.1-11
2. Any time that an insurer denies coverage of a health care service to1-12
an insured , including, without limitation, denying a claim relating to a1-13
policy of health insurance pursuant to NRS 689A.410, it shall notify the1-14
insured in writing within 10 working days after it denies coverage of the1-15
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 or2-2
deny coverage of the health care service; and2-3
(c) His right to file a written complaint2-4
such a complaint.2-5
3. A written notice which is approved by the commissioner shall be2-6
deemed to be in clear and comprehensible language that is understandable2-7
to an ordinary layperson.2-8
Sec. 2. NRS 689B.0295 is hereby amended to read as follows: 689B.0295 1. Following approval by the commissioner, each insurer2-10
that issues a policy of group health insurance in this state shall provide2-11
written notice to an insured, in clear and comprehensible language that is2-12
understandable to an ordinary layperson, explaining the right of the insured2-13
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 of2-15
coverage;2-16
(b) Any time that the insurer denies coverage of a health care service or2-17
limits coverage of a health care service to an insured; and2-18
(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 of2-21
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 days2-23
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 or2-26
deny coverage of the health care service; and2-27
(c) His right to file a written complaint2-28
such a complaint.2-29
3. A written notice which is approved by the commissioner shall be2-30
deemed to be in clear and comprehensible language that is understandable2-31
to an ordinary layperson.2-32
Sec. 3. NRS 695B.400 is hereby amended to read as follows: 695B.400 1. Following approval by the commissioner, each insurer2-34
that issues a contract for hospital or medical services in this state shall2-35
provide written notice to an insured, in clear and comprehensible language2-36
that is understandable to an ordinary layperson, explaining the right of the2-37
insured to file a written complaint. Such notice must be provided to an2-38
insured:2-39
(a) At the time he receives his certificate of coverage or evidence of2-40
coverage;2-41
(b) Any time that the insurer denies coverage of a health care service or2-42
limits coverage of a health care service to an insured; and2-43
(c) Any other time deemed necessary by the commissioner.3-1
2. Any time that an3-2
service to a beneficiary or subscriber , including, without limitation,3-3
denying a claim relating to a contract for dental, hospital or medical3-4
services pursuant to NRS 695B.2505, it shall notify the beneficiary or3-5
subscriber in writing within 10 working days after it denies coverage of3-6
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 or3-9
deny coverage of the health care service; and3-10
(c) His right to file a written complaint3-11
such a complaint.3-12
3. A written notice which is approved by the commissioner shall be3-13
deemed to be in clear and comprehensible language that is understandable3-14
to an ordinary layperson.3-15
Sec. 4. NRS 695G.230 is hereby amended to read as follows: 695G.230 1. Following approval by the commissioner, each managed3-17
care organization shall provide written notice to an insured, in clear and3-18
comprehensible language that is understandable to an ordinary layperson,3-19
explaining the right of the insured to file a written complaint and to obtain3-20
an expedited review pursuant to NRS 695G.210. Such notice must be3-21
provided to an insured:3-22
(a) At the time he receives his certificate of coverage or evidence of3-23
coverage;3-24
(b) Any time that the managed care organization denies coverage of a3-25
health care service or limits coverage of a health care service to an insured;3-26
and3-27
(c) Any other time deemed necessary by the commissioner.3-28
2. Any time that a managed care organization denies coverage of a3-29
health care service to an insured , including, without limitation, a health3-30
maintenance organization that denies a claim related to a health care3-31
plan pursuant to NRS 695C.185, it shall notify the insured in writing3-32
within 10 working days after it denies coverage of the health care service3-33
of:3-34
(a) The reason for denying coverage of the service;3-35
(b) The criteria by which the managed care organization or insurer3-36
determines whether to authorize or deny coverage of the health care3-37
service; and3-38
(c) His right to file a written complaint3-39
such a complaint.3-40
3. A written notice which is approved by the commissioner shall be3-41
deemed to be in clear and comprehensible language that is understandable3-42
to an ordinary layperson.4-1
Sec. 5. NRS 695G.170 is hereby amended to read as follows: 695G.170 1. Each managed care organization shall provide coverage4-3
for medically necessary emergency services4-4
2. A managed care organization shall not require prior authorization4-5
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 of4-8
health care after the sudden onset of a medical condition that manifests4-9
itself by symptoms of such sufficient severity that a prudent person would4-10
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; or4-14
(d) Serious dysfunction of any bodily organ or part.4-15
4. A health care plan subject to the provisions of this section that is4-16
delivered, issued for delivery or renewed on or after October 1,4-17
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 this4-19
section is void.~