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
____________
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
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 conformity2-1
with any such regulation, notwithstanding that the regulation may, after the2-2
act or omission, be amended, rescinded or determined by a judicial or other2-3
authority to be invalid for any reason.2-4
Sec. 1.5. NRS 687B.225 is hereby amended to read as follows: 687B.225 1. Except as otherwise provided in NRS 689A.0405,2-6
689B.0374, 695B.1912, 695C.1735 and 695G.170, and sections 4.5, 7.5,2-7
13.5 and 16.5 of this act, any contract for group, blanket or individual2-8
health insurance or any contract by a nonprofit hospital, medical or dental2-9
service corporation or organization for dental care which provides for2-10
payment of a certain part of medical or dental care may require the insured2-11
or member to obtain prior authorization for that care from the insurer or2-12
organization. The insurer or organization shall:2-13
(a) File its procedure for obtaining approval of care pursuant to this2-14
section for approval by the commissioner; and2-15
(b) Respond to any request for approval by the insured or member2-16
pursuant to this section within 20 days after it receives the request.2-17
2. The procedure for prior authorization may not discriminate among2-18
persons licensed to provide the covered care.2-19
Sec. 2. Chapter 689A of NRS is hereby amended by adding thereto the2-20
provisions set forth as sections 3, 4 and 4.5 of this act.2-21
Sec. 3. An insurer shall, at the request of an insured or provider of2-22
health care with whom it has a contract for the provision of health care2-23
services, promptly provide the insured or provider of health care with an2-24
estimate of the rate at which the provider of health care will be2-25
reimbursed for providing a health care service to the insured and the2-26
amount of money for which the insured will be responsible for the health2-27
care service.2-28
Sec. 4. 1. If an insured requires health care services that may be2-29
provided only by a specialist and his insurer does not have a contract for2-30
the provision of health care services with such a specialist who is located2-31
within 75 miles from the residence of the insured, the insurer shall2-32
reimburse a specialist who is located within 75 miles from the residence2-33
of the insured for specialized health care services that are provided to the2-34
insured by that specialist.2-35
2. An insurer shall reimburse a specialist pursuant to the provisions2-36
of this section in a reasonable amount that is not less than the amount2-37
the insurer would reimburse a specialist with whom it has a contract for2-38
the provision of health care services.2-39
Sec. 4.5. 1. A policy of health insurance must include a provision2-40
authorizing a woman covered by the policy to obtain covered health care2-41
services for women without first receiving authorization or a referral2-42
from her primary care physician.3-1
2. The provisions of this section do not authorize a woman covered3-2
by a policy of health insurance to designate an obstetrician or3-3
gynecologist as her primary care physician.3-4
3. A policy subject to the provisions of this chapter that is delivered,3-5
issued for delivery or renewed on or after October 1, 1999, has the legal3-6
effect of including the coverage required by this section, and any3-7
provision of the policy or the renewal which is in conflict with this3-8
section is void.3-9
4. As used in this section:3-10
(a) "Health care services for women" means gynecological or3-11
obstetrical services, including, without limitation, perinatal care,3-12
preventative gynecological care and reproductive health care services.3-13
(b) "Primary care physician" has the meaning ascribed to it in NRS3-14
695G.060.3-15
Sec. 5. Chapter 689B of NRS is hereby amended by adding thereto the3-16
provisions set forth as sections 6, 7 and 7.5 of this act.3-17
Sec. 6. An insurer that issues a policy of group health insurance3-18
shall, at the request of an insured or provider of health care with whom it3-19
has a contract for the provision of health care services, promptly provide3-20
the insured or provider of health care with an estimate of the rate at3-21
which the provider of health care will be reimbursed for providing a3-22
health care service to the insured and the amount of money for which the3-23
insured will be responsible for the health care service.3-24
Sec. 7. 1. If an insured requires health care services that may be3-25
provided only by a specialist and his insurer that issues a policy of group3-26
health insurance does not have a contract for the provision of health care3-27
services with such a specialist who is located within 75 miles from the3-28
residence of the insured, the insurer shall reimburse a specialist who is3-29
located within 75 miles from the residence of the insured for specialized3-30
health care services that are provided to the insured by that specialist.3-31
2. An insurer that issues a policy of group health insurance shall3-32
reimburse a specialist pursuant to the provisions of this section in a3-33
reasonable amount that is not less than the amount the insurer would3-34
reimburse a specialist with whom it has a contract for the provision of3-35
health care services.3-36
Sec. 7.5. 1. A policy of group health insurance must include a3-37
provision authorizing a woman covered by the policy to obtain covered3-38
health care services for women without first receiving authorization or a3-39
referral from her primary care physician.3-40
2. The provisions of this section do not authorize a woman covered3-41
by a policy of group health insurance to designate an obstetrician or3-42
gynecologist as her primary care physician.4-1
3. A policy subject to the provisions of this chapter that is delivered,4-2
issued for delivery or renewed on or after October 1, 1999, has the legal4-3
effect of including the coverage required by this section, and any4-4
provision of the policy or the renewal which is in conflict with this4-5
section is void.4-6
4. As used in this section:4-7
(a) "Health care services for women" means gynecological or4-8
obstetrical services, including, without limitation, perinatal care,4-9
preventative gynecological care and reproductive health care services.4-10
(b) "Primary care physician" has the meaning ascribed to it in NRS4-11
695G.060.4-12
Sec. 8. Chapter 695A of NRS is hereby amended by adding thereto the4-13
provisions set forth as sections 9 and 10 of this act.4-14
Sec. 9. A society shall, at the request of an insured or provider of4-15
health care with whom it has a contract for the provision of health care4-16
services, promptly provide the insured or provider of health care with an4-17
estimate of the rate at which the provider of health care will be4-18
reimbursed for providing a health care service to the insured and the4-19
amount of money for which the insured will be responsible for the health4-20
care service.4-21
Sec. 10. 1. If an insured requires health care services that may be4-22
provided only by a specialist and his society does not have a contract for4-23
the provision of health care services with such a specialist who is located4-24
within 75 miles from the residence of the insured, the society shall4-25
reimburse a specialist who is located within 75 miles from the residence4-26
of the insured for specialized health care services that are provided to the4-27
insured by that specialist.4-28
2. A society shall reimburse a specialist pursuant to the provisions of4-29
this section in a reasonable amount that is not less than the amount the4-30
society would reimburse a specialist with whom it has a contract for the4-31
provision of health care services.4-32
Sec. 11. Chapter 695B of NRS is hereby amended by adding thereto4-33
the provisions set forth as sections 12, 13 and 13.5 of this act.4-34
Sec. 12. A corporation subject to the provisions of this chapter shall,4-35
at the request of an insured or provider of health care with whom it has a4-36
contract for the provision of health care services, promptly provide the4-37
insured or provider of health care with an estimate of the rate at which4-38
the provider of health care will be reimbursed for providing a health care4-39
service to the insured and the amount of money for which the insured4-40
will be responsible for the health care service.4-41
Sec. 13. 1. If an insured requires health care services that may be4-42
provided only by a specialist and his corporation, subject to the4-43
provisions of this chapter, does not have a contract for the provision of5-1
health care services with such a specialist who is located within 75 miles5-2
from the residence of the insured, the corporation shall reimburse a5-3
specialist who is located within 75 miles from the residence of the insured5-4
for specialized health care services that are provided to the insured by5-5
that specialist.5-6
2. A corporation subject to the provisions of this chapter shall5-7
reimburse a specialist pursuant to the provisions of this section in a5-8
reasonable amount that is not less than the amount the corporation5-9
would reimburse a specialist with whom it has a contract for the5-10
provision of health care services.5-11
Sec. 13.5. 1. A contract for hospital or medical service must5-12
include a provision authorizing a woman covered by the contract to5-13
obtain covered health care services for women without first receiving5-14
authorization or a referral from her primary care physician.5-15
2. The provisions of this section do not authorize a woman covered5-16
by a contract for hospital or medical service to designate an obstetrician5-17
or gynecologist as her primary care physician.5-18
3. A contract subject to the provisions of this chapter that is5-19
delivered, issued for delivery or renewed on or after October 1, 1999, has5-20
the legal effect of including the coverage required by this section, and5-21
any provision of the contract or the renewal which is in conflict with this5-22
section is void.5-23
4. As used in this section:5-24
(a) "Health care services for women" means gynecological or5-25
obstetrical services, including, without limitation, perinatal care,5-26
preventative gynecological care and reproductive health care services.5-27
(b) "Primary care physician" has the meaning ascribed to it in NRS5-28
695G.060.5-29
Sec. 14. Chapter 695C of NRS is hereby amended by adding thereto5-30
the provisions set forth as sections 15, 16 and 16.5 of this act.5-31
Sec. 15. A health maintenance organization shall, at the request of5-32
an enrollee or provider of health care with whom it has a contract for the5-33
provision of health care services, promptly provide the enrollee or5-34
provider of health care with an estimate of the rate at which the provider5-35
of health care will be reimbursed for providing a health care service to5-36
the enrollee and the amount of money for which the enrollee will be5-37
responsible for the health care service.5-38
Sec. 16. 1. If an enrollee requires health care services that may be5-39
provided only by a specialist and his health maintenance organization5-40
does not have a contract for the provision of health care services with5-41
such a specialist who is located within 75 miles from the residence of the5-42
enrollee, the health maintenance organization shall reimburse a6-1
specialist who is located within 75 miles from the residence of the6-2
enrollee for specialized health care services that are provided to the6-3
enrollee by that specialist.6-4
2. A health maintenance organization shall reimburse a specialist6-5
pursuant to the provisions of this section in a reasonable amount that is6-6
not less than the amount the health maintenance organization would6-7
reimburse a specialist with whom it has a contract for the provision of6-8
health care services.6-9
Sec. 16.5. 1. A health care plan must include a provision6-10
authorizing a woman covered by the plan to obtain covered health care6-11
services for women without first receiving authorization or a referral6-12
from her primary care physician.6-13
2. The provisions of this section do not authorize a woman covered6-14
by a health care plan to designate an obstetrician or gynecologist as her6-15
primary care physician.6-16
3. An evidence of coverage subject to the provisions of this chapter6-17
that is delivered, issued for delivery or renewed on or after October 1,6-18
1999, has the legal effect of including the coverage required by this6-19
section, and any provision of the evidence of coverage or the renewal6-20
which is in conflict with this section is void.6-21
4. As used in this section:6-22
(a) "Health care services for women" means gynecological or6-23
obstetrical services, including, without limitation, perinatal care,6-24
preventative gynecological care and reproductive health care services.6-25
(b) "Primary care physician" has the meaning ascribed to it in NRS6-26
695G.060.6-27
Sec. 17. NRS 695C.050 is hereby amended to read as follows: 695C.050 1. Except as otherwise provided in this chapter or in6-29
specific provisions of this Title, the provisions of this Title are not6-30
applicable to any health maintenance organization granted a certificate of6-31
authority under this chapter. This provision does not apply to an insurer6-32
licensed and regulated pursuant to this Title except with respect to its6-33
activities as a health maintenance organization authorized and regulated6-34
pursuant to this chapter.6-35
2. Solicitation of enrollees by a health maintenance organization6-36
granted a certificate of authority, or its representatives, must not be6-37
construed to violate any provision of law relating to solicitation or6-38
advertising by practitioners of a healing art.6-39
3. Any health maintenance organization authorized under this chapter6-40
shall not be deemed to be practicing medicine and is exempt from the6-41
provisions of chapter 630 of NRS.7-1
4. The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive,7-2
695C.250 and 695C.265 and sections 15, 16 and 16.5 of this act do not7-3
apply to a health maintenance organization that provides health care7-4
services through managed care to recipients of Medicaid pursuant to a7-5
contract with the welfare division of the department of human resources.7-6
This subsection does not exempt a health maintenance organization from7-7
any provision of this chapter for services provided pursuant to any other7-8
contract.7-9
Sec. 18. NRS 695F.090 is hereby amended to read as follows: 695F.090 Prepaid limited health service organizations are subject to7-11
the provisions of this chapter and to the following provisions, to the extent7-12
reasonably applicable:7-13
1. NRS 687B.310 to 687B.420, inclusive, concerning cancellation and7-14
nonrenewal of policies.7-15
2. NRS 687B.122 to 687B.128, inclusive, concerning readability of7-16
policies.7-17
3. The requirements of NRS 679B.152.7-18
4. The fees imposed pursuant to NRS 449.465.7-19
5. NRS 686A.010 to 686A.310, inclusive, concerning trade practices7-20
and frauds.7-21
6. The assessment imposed pursuant to subsection 3 of NRS 679B.158.7-22
7. Chapter 683A of NRS.7-23
8. To the extent applicable, the provisions of NRS 689B.340 to7-24
689B.600, inclusive, and chapter 689C of NRS relating to the portability7-25
and availability of health insurance.7-26
9. NRS 689A.4137-27
10. NRS 680B.025 to 680B.039, inclusive, concerning premium tax,7-28
premium tax rate, annual report and estimated quarterly tax payments. For7-29
the purposes of this subsection, unless the context otherwise requires that a7-30
section apply only to insurers, any reference in those sections to "insurer"7-31
must be replaced by a reference to "prepaid limited health service7-32
organization."7-33
11. Chapter 692C of NRS, concerning holding companies.7-34
Sec. 19. Chapter 287 of NRS is hereby amended by adding thereto a7-35
new section to read as follows:7-36
Any health insurance provided by the committee on benefits through a7-37
plan of self-insurance must comply with the provisions of NRS 689B.255,7-38
695G.150, 695G.160, 695G.170, 695G.200 to 695G.230, inclusive, and7-39
sections 6 and 7 of this act in the same manner as an insurer subject to7-40
the provisions of Title 57 of NRS.8-1
Sec. 20. NRS 287.043 is hereby amended to read as follows: 287.043 The committee on benefits shall:8-3
1. Act as an advisory body on matters relating to group life, accident or8-4
health insurance, or any combination of these, a program to reduce taxable8-5
compensation or other forms of compensation other than deferred8-6
compensation, for the benefit of all state officers and employees and other8-7
persons who participate in the state’s program of group insurance.8-8
2. Except as otherwise provided in this subsection, negotiate and8-9
contract with the governing body of any public agency enumerated in NRS8-10
287.010 which is desirous of obtaining group insurance for its officers,8-11
employees and retired employees by participation in the state’s program of8-12
group insurance. The committee shall establish separate rates and coverage8-13
for those officers, employees and retired employees based on actuarial8-14
reports.8-15
3. Give public notice in writing of proposed changes in rates or8-16
coverage to each participating public employer who may be affected by the8-17
changes. Notice must be provided at least 30 days before the effective date8-18
of the changes.8-19
4. Purchase policies of life, accident or health insurance, or any8-20
combination of these, or a program to reduce the amount of taxable8-21
compensation pursuant to 26 U.S.C. § 125, from any company qualified to8-22
do business in this state or provide similar coverage through a plan of self-8-23
insurance for the benefit of all eligible public officers, employees and8-24
retired employees who participate in the state’s program.8-25
5. Consult the state risk manager and obtain his advice in the8-26
performance of the duties set forth in this section.8-27
6. Except as otherwise provided in this Title, develop and establish8-28
other employee benefits as necessary.8-29
7. Adopt such regulations and perform such other duties as are8-30
necessary to carry out the provisions of NRS 287.041 to 287.049, inclusive,8-31
and section 19 of this act, including the establishment of:8-32
(a) Fees for applications for participation in the state’s program and for8-33
the late payment of premiums;8-34
(b) Conditions for entry and reentry into the state’s program by public8-35
agencies enumerated in NRS 287.010; and8-36
(c) The levels of participation in the state’s program required for8-37
employees of participating public agencies.8-38
8. Appoint an independent certified public accountant. The accountant8-39
shall provide an annual audit of the plan and report to the committee and8-40
the legislative commission.9-1
For the purposes of this section, "employee benefits" includes any form of9-2
compensation provided to a state employee pursuant to this Title except9-3
federal benefits, wages earned, legal holidays, deferred compensation and9-4
benefits available pursuant to chapter 286 of NRS.9-5
Sec. 21. NRS 287.0432 is hereby amended to read as follows: 287.0432 The committee on benefits shall by regulation provide for9-7
specific procedures for the determination of contested claims. The9-8
provisions of this section do not apply to a contested claim to which NRS9-9
695G.200 to 695G.230, inclusive, apply.~