Assembly Bill No. 515–Assemblymen de Braga, Segerblom, Neighbors, Collins, McClain, Chowning, Buckley, Lee, Berman, Gibbons, Price, Ohrenschall, Mortenson, Claborn, Freeman, Evans, Parnell and Koivisto
March 12, 1999
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Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes concerning health insurance. (BDR 57-254)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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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 679B.130 is hereby amended to read as follows: 679B.130 1. The commissioner may adopt reasonable regulations for1-3
the administration of any provision of this code ,1-4
617, inclusive, of NRS1-5
2. A person who willfully violates any regulation of the commissioner1-6
is subject to such suspension or revocation of a certificate of authority or1-7
license, or administrative fine in lieu of such suspension or revocation, as1-8
may be applicable under this code or chapter 616A, 616B, 616C, 616D or1-9
617 of NRS for violation of the provision to which the regulation relates.1-10
No penalty applies to any act done or omitted in good faith in conformity1-11
with any such regulation, notwithstanding that the regulation may, after the2-1
act or omission, be amended, rescinded or determined by a judicial or other2-2
authority to be invalid for any reason.2-3
Sec. 2. Chapter 689A of NRS is hereby amended by adding thereto the2-4
provisions set forth as sections 3 and 4 of this act.2-5
Sec. 3. An insurer shall, at the request of an insured or provider of2-6
health care with whom it has a contract for the provision of health care2-7
services, promptly provide the insured or provider of health care with an2-8
estimate of the rate at which the provider of health care will be2-9
reimbursed for providing a health care service to the insured and the2-10
amount of money for which the insured will be responsible for the health2-11
care service.2-12
Sec. 4. 1. If an insured requires health care services that may be2-13
provided only by a specialist and his insurer does not have a contract for2-14
the provision of health care services with such a specialist who is located2-15
within 75 miles from the residence of the insured, the insurer shall2-16
reimburse a specialist who is located within 75 miles from the residence2-17
of the insured for specialized health care services that are provided to the2-18
insured by that specialist.2-19
2. An insurer shall reimburse a specialist pursuant to the provisions2-20
of this section in a reasonable amount that is not less than the amount2-21
the insurer would reimburse a specialist with whom it has a contract for2-22
the provision of health care services.2-23
Sec. 5. Chapter 689B of NRS is hereby amended by adding thereto2-24
the provisions set forth as sections 6 and 7 of this act.2-25
Sec. 6. An insurer that issues a policy of group health insurance2-26
shall, at the request of an insured or provider of health care with whom it2-27
has a contract for the provision of health care services, promptly provide2-28
the insured or provider of health care with an estimate of the rate at2-29
which the provider of health care will be reimbursed for providing a2-30
health care service to the insured and the amount of money for which the2-31
insured will be responsible for the health care service.2-32
Sec. 7. 1. If an insured requires health care services that may be2-33
provided only by a specialist and his insurer that issues a policy of group2-34
health insurance does not have a contract for the provision of health care2-35
services with such a specialist who is located within 75 miles from the2-36
residence of the insured, the insurer shall reimburse a specialist who is2-37
located within 75 miles from the residence of the insured for specialized2-38
health care services that are provided to the insured by that specialist.2-39
2. An insurer that issues a policy of group health insurance shall2-40
reimburse a specialist pursuant to the provisions of this section in a2-41
reasonable amount that is not less than the amount the insurer would2-42
reimburse a specialist with whom it has a contract for the provision of2-43
health care services.3-1
Sec. 8. Chapter 695A of NRS is hereby amended by adding thereto3-2
the provisions set forth as sections 9 and 10 of this act.3-3
Sec. 9. A society shall, at the request of an insured or provider of3-4
health care with whom it has a contract for the provision of health care3-5
services, promptly provide the insured or provider of health care with an3-6
estimate of the rate at which the provider of health care will be3-7
reimbursed for providing a health care service to the insured and the3-8
amount of money for which the insured will be responsible for the health3-9
care service.3-10
Sec. 10. 1. If an insured requires health care services that may be3-11
provided only by a specialist and his society does not have a contract for3-12
the provision of health care services with such a specialist who is located3-13
within 75 miles from the residence of the insured, the society shall3-14
reimburse a specialist who is located within 75 miles from the residence3-15
of the insured for specialized health care services that are provided to the3-16
insured by that specialist.3-17
2. A society shall reimburse a specialist pursuant to the provisions of3-18
this section in a reasonable amount that is not less than the amount the3-19
society would reimburse a specialist with whom it has a contract for the3-20
provision of health care services.3-21
Sec. 11. Chapter 695B of NRS is hereby amended by adding thereto3-22
the provisions set forth as sections 12 and 13 of this act.3-23
Sec. 12. A corporation subject to the provisions of this chapter shall,3-24
at the request of an insured or provider of health care with whom it has a3-25
contract for the provision of health care services, promptly provide the3-26
insured or provider of health care with an estimate of the rate at which3-27
the provider of health care will be reimbursed for providing a health care3-28
service to the insured and the amount of money for which the insured3-29
will be responsible for the health care service.3-30
Sec. 13. 1. If an insured requires health care services that may be3-31
provided only by a specialist and his corporation, subject to the3-32
provisions of this chapter, does not have a contract for the provision of3-33
health care services with such a specialist who is located within 75 miles3-34
from the residence of the insured, the corporation shall reimburse a3-35
specialist who is located within 75 miles from the residence of the insured3-36
for specialized health care services that are provided to the insured by3-37
that specialist.3-38
2. A corporation subject to the provisions of this chapter shall3-39
reimburse a specialist pursuant to the provisions of this section in a3-40
reasonable amount that is not less than the amount the corporation3-41
would reimburse a specialist with whom it has a contract for the3-42
provision of health care services.4-1
Sec. 14. Chapter 695C of NRS is hereby amended by adding thereto4-2
the provisions set forth as sections 15 and 16 of this act.4-3
Sec. 15. A health maintenance organization shall, at the request of4-4
an enrollee or provider of health care with whom it has a contract for the4-5
provision of health care services, promptly provide the enrollee or4-6
provider of health care with an estimate of the rate at which the provider4-7
of health care will be reimbursed for providing a health care service to4-8
the enrollee and the amount of money for which the enrollee will be4-9
responsible for the health care service.4-10
Sec. 16. 1. If an enrollee requires health care services that may be4-11
provided only by a specialist and his health maintenance organization4-12
does not have a contract for the provision of health care services with4-13
such a specialist who is located within 75 miles from the residence of the4-14
enrollee, the health maintenance organization shall reimburse a4-15
specialist who is located within 75 miles from the residence of the4-16
enrollee for specialized health care services that are provided to the4-17
enrollee by that specialist.4-18
2. A health maintenance organization shall reimburse a specialist4-19
pursuant to the provisions of this section in a reasonable amount that is4-20
not less than the amount the health maintenance organization would4-21
reimburse a specialist with whom it has a contract for the provision of4-22
health care services.4-23
Sec. 17. NRS 695C.050 is hereby amended to read as follows: 695C.050 1. Except as otherwise provided in this chapter or in4-25
specific provisions of this Title, the provisions of this Title are not4-26
applicable to any health maintenance organization granted a certificate of4-27
authority under this chapter. This provision does not apply to an insurer4-28
licensed and regulated pursuant to this Title except with respect to its4-29
activities as a health maintenance organization authorized and regulated4-30
pursuant to this chapter.4-31
2. Solicitation of enrollees by a health maintenance organization4-32
granted a certificate of authority, or its representatives, must not be4-33
construed to violate any provision of law relating to solicitation or4-34
advertising by practitioners of a healing art.4-35
3. Any health maintenance organization authorized under this chapter4-36
shall not be deemed to be practicing medicine and is exempt from the4-37
provisions of chapter 630 of NRS.4-38
4. The provisions of NRS 695C.110, 695C.170 to 695C.200,4-39
inclusive, 695C.250 and 695C.265 and sections 15 and 16 of this act do4-40
not apply to a health maintenance organization that provides health care4-41
services through managed care to recipients of Medicaid pursuant to a4-42
contract with the welfare division of the department of human resources.4-43
This subsection does not exempt a health maintenance organization from5-1
any provision of this chapter for services provided pursuant to any other5-2
contract.5-3
Sec. 18. NRS 695F.090 is hereby amended to read as follows: 695F.090 Prepaid limited health service organizations are subject to5-5
the provisions of this chapter and to the following provisions, to the extent5-6
reasonably applicable:5-7
1. NRS 687B.310 to 687B.420, inclusive, concerning cancellation and5-8
nonrenewal of policies.5-9
2. NRS 687B.122 to 687B.128, inclusive, concerning readability of5-10
policies.5-11
3. The requirements of NRS 679B.152.5-12
4. The fees imposed pursuant to NRS 449.465.5-13
5. NRS 686A.010 to 686A.310, inclusive, concerning trade practices5-14
and frauds.5-15
6. The assessment imposed pursuant to subsection 3 of NRS5-16
679B.158.5-17
7. Chapter 683A of NRS.5-18
8. To the extent applicable, the provisions of NRS 689B.340 to5-19
689B.600, inclusive, and chapter 689C of NRS relating to the portability5-20
and availability of health insurance.5-21
9. NRS 689A.4135-22
10. NRS 680B.025 to 680B.039, inclusive, concerning premium tax,5-23
premium tax rate, annual report and estimated quarterly tax payments. For5-24
the purposes of this subsection, unless the context otherwise requires that a5-25
section apply only to insurers, any reference in those sections to "insurer"5-26
must be replaced by a reference to "prepaid limited health service5-27
organization."5-28
11. Chapter 692C of NRS, concerning holding companies.5-29
Sec. 19. Chapter 287 of NRS is hereby amended by adding thereto a5-30
new section to read as follows:5-31
Any health insurance provided by the committee on benefits through a5-32
plan of self-insurance must comply with the provisions of NRS 689B.255,5-33
695G.150, 695G.160, 695G.170, 695G.200 to 695G.230, inclusive, and5-34
sections 6 and 7 of this act in the same manner as an insurer subject to5-35
the provisions of Title 57 of NRS.5-36
Sec. 20. NRS 287.043 is hereby amended to read as follows: 287.043 The committee on benefits shall:5-38
1. Act as an advisory body on matters relating to group life, accident5-39
or health insurance, or any combination of these, a program to reduce5-40
taxable compensation or other forms of compensation other than deferred5-41
compensation, for the benefit of all state officers and employees and other5-42
persons who participate in the state’s program of group insurance.6-1
2. Except as otherwise provided in this subsection, negotiate and6-2
contract with the governing body of any public agency enumerated in NRS6-3
287.010 which is desirous of obtaining group insurance for its officers,6-4
employees and retired employees by participation in the state’s program of6-5
group insurance. The committee shall establish separate rates and coverage6-6
for those officers, employees and retired employees based on actuarial6-7
reports.6-8
3. Give public notice in writing of proposed changes in rates or6-9
coverage to each participating public employer who may be affected by the6-10
changes. Notice must be provided at least 30 days before the effective date6-11
of the changes.6-12
4. Purchase policies of life, accident or health insurance, or any6-13
combination of these, or a program to reduce the amount of taxable6-14
compensation pursuant to 26 U.S.C. § 125, from any company qualified to6-15
do business in this state or provide similar coverage through a plan of self-6-16
insurance for the benefit of all eligible public officers, employees and6-17
retired employees who participate in the state’s program.6-18
5. Consult the state risk manager and obtain his advice in the6-19
performance of the duties set forth in this section.6-20
6. Except as otherwise provided in this Title, develop and establish6-21
other employee benefits as necessary.6-22
7. Adopt such regulations and perform such other duties as are6-23
necessary to carry out the provisions of NRS 287.041 to 287.049,6-24
inclusive, and section 19 of this act, including the establishment of:6-25
(a) Fees for applications for participation in the state’s program and for6-26
the late payment of premiums;6-27
(b) Conditions for entry and reentry into the state’s program by public6-28
agencies enumerated in NRS 287.010; and6-29
(c) The levels of participation in the state’s program required for6-30
employees of participating public agencies.6-31
8. Appoint an independent certified public accountant. The accountant6-32
shall provide an annual audit of the plan and report to the committee and6-33
the legislative commission.6-34
For the purposes of this section, "employee benefits" includes any form of6-35
compensation provided to a state employee pursuant to this Title except6-36
federal benefits, wages earned, legal holidays, deferred compensation and6-37
benefits available pursuant to chapter 286 of NRS.6-38
Sec. 21. NRS 287.0432 is hereby amended to read as follows: 287.0432 The committee on benefits shall by regulation provide for6-40
specific procedures for the determination of contested claims. The6-41
provisions of this section do not apply to a contested claim to which NRS6-42
695G.200 to 695G.230, inclusive, apply.~