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—Provides that policy of health insurance must include provision allowing woman who is covered to have direct access to certain health care services for women. (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. (Deleted by amendment.)1-2
Sec. 1.5. NRS 687B.225 is hereby amended to read as follows: 687B.225 1. Except as otherwise provided in NRS 689A.0405,1-4
689B.0374, 695B.1912, 695C.1735 and 695G.170, and sections 4.5, 7.5,1-5
13.5 and 16.5 of this act, any contract for group, blanket or individual1-6
health insurance or any contract by a nonprofit hospital, medical or dental1-7
service corporation or organization for dental care which provides for1-8
payment of a certain part of medical or dental care may require the insured1-9
or member to obtain prior authorization for that care from the insurer or1-10
organization. The insurer or organization shall:1-11
(a) File its procedure for obtaining approval of care pursuant to this1-12
section for approval by the commissioner; and1-13
(b) Respond to any request for approval by the insured or member1-14
pursuant to this section within 20 days after it receives the request.2-1
2. The procedure for prior authorization may not discriminate among2-2
persons licensed to provide the covered care.2-3
Sec. 2. Chapter 689A of NRS is hereby amended by adding thereto the2-4
provisions set forth as sections 3, 4 and 4.5 of this act.2-5
Secs. 3 and 4. (Deleted by amendment.)2-6
Sec. 4.5. 1. A policy of health insurance must include a provision2-7
authorizing a woman covered by the policy to obtain covered health care2-8
services for women without first receiving authorization or a referral2-9
from her primary care physician.2-10
2. The provisions of this section do not authorize a woman covered2-11
by a policy of health insurance to designate an obstetrician or2-12
gynecologist as her primary care physician.2-13
3. A policy subject to the provisions of this chapter that is delivered,2-14
issued for delivery or renewed on or after October 1, 1999, has the legal2-15
effect of including the coverage required by this section, and any2-16
provision of the policy or the renewal which is in conflict with this2-17
section is void.2-18
4. As used in this section:2-19
(a) "Health care services for women" means gynecological or2-20
obstetrical services, including, without limitation, perinatal care,2-21
preventative gynecological care and reproductive health care services.2-22
(b) "Primary care physician" has the meaning ascribed to it in NRS2-23
695G.060.2-24
Sec. 5. Chapter 689B of NRS is hereby amended by adding thereto the2-25
provisions set forth as sections 6, 7 and 7.5 of this act.2-26
Secs. 6 and 7. (Deleted by amendment.)2-27
Sec. 7.5. 1. A policy of group health insurance must include a2-28
provision authorizing a woman covered by the policy to obtain covered2-29
health care services for women without first receiving authorization or a2-30
referral from her primary care physician.2-31
2. The provisions of this section do not authorize a woman covered2-32
by a policy of group health insurance to designate an obstetrician or2-33
gynecologist as her primary care physician.2-34
3. A policy subject to the provisions of this chapter that is delivered,2-35
issued for delivery or renewed on or after October 1, 1999, has the legal2-36
effect of including the coverage required by this section, and any2-37
provision of the policy or the renewal which is in conflict with this2-38
section is void.2-39
4. As used in this section:2-40
(a) "Health care services for women" means gynecological or2-41
obstetrical services, including, without limitation, perinatal care,2-42
preventative gynecological care and reproductive health care services.3-1
(b) "Primary care physician" has the meaning ascribed to it in NRS3-2
695G.060.3-3
Secs. 8-10. (Deleted by amendment.)3-4
Sec. 11. Chapter 695B of NRS is hereby amended by adding thereto3-5
the provisions set forth as sections 12, 13 and 13.5 of this act.3-6
Secs. 12 and 13. (Deleted by amendment.)3-7
Sec. 13.5. 1. A contract for hospital or medical service must3-8
include a provision authorizing a woman covered by the contract to3-9
obtain covered health care services for women without first receiving3-10
authorization or a referral from her primary care physician.3-11
2. The provisions of this section do not authorize a woman covered3-12
by a contract for hospital or medical service to designate an obstetrician3-13
or gynecologist as her primary care physician.3-14
3. A contract subject to the provisions of this chapter that is3-15
delivered, issued for delivery or renewed on or after October 1, 1999, has3-16
the legal effect of including the coverage required by this section, and3-17
any provision of the contract or the renewal which is in conflict with this3-18
section is void.3-19
4. As used in this section:3-20
(a) "Health care services for women" means gynecological or3-21
obstetrical services, including, without limitation, perinatal care,3-22
preventative gynecological care and reproductive health care services.3-23
(b) "Primary care physician" has the meaning ascribed to it in NRS3-24
695G.060.3-25
Sec. 14. Chapter 695C of NRS is hereby amended by adding thereto3-26
the provisions set forth as sections 15, 16 and 16.5 of this act.3-27
Secs. 15 and 16. (Deleted by amendment.)3-28
Sec. 16.5. 1. A health care plan must include a provision3-29
authorizing a woman covered by the plan to obtain covered health care3-30
services for women without first receiving authorization or a referral3-31
from her primary care physician.3-32
2. The provisions of this section do not authorize a woman covered3-33
by a health care plan to designate an obstetrician or gynecologist as her3-34
primary care physician.3-35
3. An evidence of coverage subject to the provisions of this chapter3-36
that is delivered, issued for delivery or renewed on or after October 1,3-37
1999, has the legal effect of including the coverage required by this3-38
section, and any provision of the evidence of coverage or the renewal3-39
which is in conflict with this section is void.3-40
4. As used in this section:3-41
(a) "Health care services for women" means gynecological or3-42
obstetrical services, including, without limitation, perinatal care,3-43
preventative gynecological care and reproductive health care services.4-1
(b) "Primary care physician" has the meaning ascribed to it in NRS4-2
695G.060.4-3
Sec. 17. NRS 695C.050 is hereby amended to read as follows: 695C.050 1. Except as otherwise provided in this chapter or in4-5
specific provisions of this Title, the provisions of this Title are not4-6
applicable to any health maintenance organization granted a certificate of4-7
authority under this chapter. This provision does not apply to an insurer4-8
licensed and regulated pursuant to this Title except with respect to its4-9
activities as a health maintenance organization authorized and regulated4-10
pursuant to this chapter.4-11
2. Solicitation of enrollees by a health maintenance organization4-12
granted a certificate of authority, or its representatives, must not be4-13
construed to violate any provision of law relating to solicitation or4-14
advertising by practitioners of a healing art.4-15
3. Any health maintenance organization authorized under this chapter4-16
shall not be deemed to be practicing medicine and is exempt from the4-17
provisions of chapter 630 of NRS.4-18
4. The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive,4-19
695C.250 and 695C.265 and sections 15, 16 and 16.5 of this act do not4-20
apply to a health maintenance organization that provides health care4-21
services through managed care to recipients of Medicaid pursuant to a4-22
contract with the welfare division of the department of human resources.4-23
This subsection does not exempt a health maintenance organization from4-24
any provision of this chapter for services provided pursuant to any other4-25
contract.4-26
Secs. 18-21. (Deleted by amendment.)~