Assembly Bill No. 60–Assemblywoman Giunchigliani
Prefiled January 27, 1999
____________
Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes concerning health care services related to reproductive health care and Medicaid managed care. (BDR 57-181)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
~
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. Chapter 689A of NRS is hereby amended by adding thereto1-2
the provisions set forth as sections 2 and 3 of this act.1-3
Sec. 2. 1. An insurer that offers or issues a policy of health1-4
insurance that provides coverage for prescription drugs shall include in1-5
the policy coverage for:1-6
(a) Any type of contraceptive that is lawfully prescribed or ordered1-7
which has been approved by the Food and Drug Administration; and1-8
(b) Any type of hormone replacement therapy that is lawfully1-9
prescribed or ordered.1-10
2. An insurer that offers or issues a policy of health insurance that1-11
provides coverage for prescription drugs shall not:1-12
(a) Require an insured to pay a higher deductible, copayment or1-13
coinsurance or require a longer waiting period or other condition for2-1
coverage for a prescription for a contraceptive or hormone replacement2-2
therapy than is required for other prescription drugs covered by the2-3
policy;2-4
(b) Refuse to issue a policy of health insurance or cancel a policy of2-5
health insurance solely because the person applying for or covered by the2-6
policy uses or may use in the future any of the services listed in subsection2-7
1;2-8
(c) Offer or pay any type of material inducement or financial incentive2-9
to an insured to discourage the insured from accessing any of the services2-10
listed in subsection 1;2-11
(d) Penalize a provider of health care who provides any of the services2-12
listed in subsection 1 to an insured, including, without limitation,2-13
reducing the reimbursement of the provider of health care; or2-14
(e) Offer or pay any type of material inducement, bonus or other2-15
financial incentive to a provider of health care to deny, reduce, withhold,2-16
limit or delay any of the services listed in subsection 1 to an insured.2-17
3. A policy subject to the provisions of this chapter that is delivered,2-18
issued for delivery or renewed on or after October 1, 1999, has the legal2-19
effect of including the coverage required by subsection 1, and any2-20
provision of the policy or the renewal which is in conflict with this section2-21
is void.2-22
4. As used in this section, "provider of health care" has the meaning2-23
ascribed to it in NRS 629.031.2-24
Sec. 3. 1. An insurer that offers or issues a policy of health2-25
insurance that provides coverage for outpatient care shall include in the2-26
policy coverage for any health care service related to reproductive health2-27
care that is provided by a provider of health care who is licensed or2-28
otherwise authorized in this state to furnish the service, including, without2-29
limitation, a health care service related to contraception, emergency2-30
contraception or hormone replacement therapy.2-31
2. An insurer that offers or issues a policy of health insurance that2-32
provides coverage for outpatient care shall not:2-33
(a) Require an insured to pay a higher deductible, copayment or2-34
coinsurance or require a longer waiting period or other condition for2-35
coverage for outpatient care related to contraceptives or hormone2-36
replacement therapy than is required for other outpatient care covered by2-37
the policy;2-38
(b) Refuse to issue a policy of health insurance or cancel a policy of2-39
health insurance solely because the person applying for or covered by the2-40
policy uses or may use in the future any of the services listed in subsection2-41
1;3-1
(c) Offer or pay any type of material inducement or financial incentive3-2
to an insured to discourage the insured from accessing any of the services3-3
listed in subsection 1;3-4
(d) Penalize a provider of health care who provides any of the services3-5
listed in subsection 1 to an insured, including, without limitation,3-6
reducing the reimbursement of the provider of health care; or3-7
(e) Offer or pay any type of material inducement, bonus or other3-8
financial incentive to a provider of health care to deny, reduce, withhold,3-9
limit or delay any of the services listed in subsection 1 to an insured.3-10
3. A policy subject to the provisions of this chapter that is delivered,3-11
issued for delivery or renewed on or after October 1, 1999, has the legal3-12
effect of including the coverage required by subsection 1, and any3-13
provision of the policy or the renewal which is in conflict with this section3-14
is void.3-15
4. As used in this section, "provider of health care" has the meaning3-16
ascribed to it in NRS 629.031.3-17
Sec. 4. NRS 689A.330 is hereby amended to read as follows: 689A.330 If any policy is issued by a domestic insurer for delivery to a3-19
person residing in another state, and if the insurance commissioner or3-20
corresponding public officer of that other state has informed the3-21
commissioner that the policy is not subject to approval or disapproval by3-22
that officer, the commissioner may by ruling require that the policy meet3-23
the standards set forth in NRS 689A.030 to 689A.320, inclusive3-24
sections 2 and 3 of this act.3-25
Sec. 5. Chapter 689B of NRS is hereby amended by adding thereto the3-26
provisions set forth as sections 6 and 7 of this act.3-27
Sec. 6. 1. An insurer that offers or issues a policy of group health3-28
insurance that provides coverage for prescription drugs shall include in3-29
the policy coverage for:3-30
(a) Any type of contraceptive that is lawfully prescribed or ordered3-31
which has been approved by the Food and Drug Administration; and3-32
(b) Any type of hormone replacement therapy that is lawfully3-33
prescribed or ordered.3-34
2. An insurer that offers or issues a policy of group health insurance3-35
that provides coverage for prescription drugs shall not:3-36
(a) Require an insured to pay a higher deductible, copayment or3-37
coinsurance or require a longer waiting period or other condition for3-38
coverage for a prescription for a contraceptive or hormone replacement3-39
therapy than is required for other prescription drugs covered by the3-40
policy;3-41
(b) Refuse to issue a policy of group health insurance or cancel a3-42
policy of group health insurance solely because the person applying for or4-1
covered by the policy uses or may use in the future any of the services4-2
listed in subsection 1;4-3
(c) Offer or pay any type of material inducement or financial incentive4-4
to an insured to discourage the insured from accessing any of the services4-5
listed in subsection 1;4-6
(d) Penalize a provider of health care who provides any of the services4-7
listed in subsection 1 to an insured, including, without limitation,4-8
reducing the reimbursement of the provider of health care; or4-9
(e) Offer or pay any type of material inducement, bonus or other4-10
financial incentive to a provider of health care to deny, reduce, withhold,4-11
limit or delay any of the services listed in subsection 1 to an insured.4-12
3. A policy subject to the provisions of this chapter that is delivered,4-13
issued for delivery or renewed on or after October 1, 1999, has the legal4-14
effect of including the coverage required by subsection 1, and any4-15
provision of the policy or the renewal which is in conflict with this section4-16
is void.4-17
4. As used in this section, "provider of health care" has the meaning4-18
ascribed to it in NRS 629.031.4-19
Sec. 7. 1. An insurer that offers or issues a policy of group health4-20
insurance that provides coverage for outpatient care shall include in the4-21
policy coverage for any health care service related to reproductive health4-22
care that is provided by a provider of health care who is licensed or4-23
otherwise authorized in this state to furnish the service, including, without4-24
limitation, a health care service related to contraception, emergency4-25
contraception or hormone replacement therapy.4-26
2. An insurer that offers or issues a policy of group health insurance4-27
that provides coverage for outpatient care shall not:4-28
(a) Require an insured to pay a higher deductible, copayment or4-29
coinsurance or require a longer waiting period or other condition for4-30
coverage for outpatient care related to contraceptives or hormone4-31
replacement therapy than is required for other outpatient care covered by4-32
the policy;4-33
(b) Refuse to issue a policy of group health insurance or cancel a4-34
policy of group health insurance solely because the person applying for or4-35
covered by the policy uses or may use in the future any of the services4-36
listed in subsection 1;4-37
(c) Offer or pay any type of material inducement or financial incentive4-38
to an insured to discourage the insured from accessing any of the services4-39
listed in subsection 1;4-40
(d) Penalize a provider of health care who provides any of the services4-41
listed in subsection 1 to an insured, including, without limitation,4-42
reducing the reimbursement of the provider of health care; or5-1
(e) Offer or pay any type of material inducement, bonus or other5-2
financial incentive to a provider of health care to deny, reduce, withhold,5-3
limit or delay any of the services listed in subsection 1 to an insured.5-4
3. A policy subject to the provisions of this chapter that is delivered,5-5
issued for delivery or renewed on or after October 1, 1999, has the legal5-6
effect of including the coverage required by subsection 1, and any5-7
provision of the policy or the renewal which is in conflict with this section5-8
is void.5-9
4. As used in this section, "provider of health care" has the meaning5-10
ascribed to it in NRS 629.031.5-11
Sec. 8. Chapter 695B of NRS is hereby amended by adding thereto the5-12
provisions set forth as sections 9 and 10 of this act.5-13
Sec. 9. 1. An insurer that offers or issues a contract for hospital or5-14
medical service that provides coverage for prescription drugs shall5-15
include in the contract coverage for:5-16
(a) Any type of contraceptive that is lawfully prescribed or ordered5-17
which has been approved by the Food and Drug Administration; and5-18
(b) Any type of hormone replacement therapy that is lawfully5-19
prescribed or ordered.5-20
2. An insurer that offers or issues a contract for hospital or medical5-21
service that provides coverage for prescription drugs shall not:5-22
(a) Require an insured to pay a higher deductible, copayment or5-23
coinsurance or require a longer waiting period or other condition for5-24
coverage for a prescription for a contraceptive or hormone replacement5-25
therapy than is required for other prescription drugs covered by the5-26
contract;5-27
(b) Refuse to issue a contract for hospital or medical service or cancel5-28
a contract for hospital or medical service solely because the person5-29
applying for or covered by the contract uses or may use in the future any5-30
of the services listed in subsection 1;5-31
(c) Offer or pay any type of material inducement or financial incentive5-32
to an insured to discourage the insured from accessing any of the services5-33
listed in subsection 1;5-34
(d) Penalize a provider of health care who provides any of the services5-35
listed in subsection 1 to an insured, including, without limitation,5-36
reducing the reimbursement of the provider of health care; or5-37
(e) Offer or pay any type of material inducement, bonus or other5-38
financial incentive to a provider of health care to deny, reduce, withhold,5-39
limit or delay any of the services listed in subsection 1 to an insured.5-40
3. A contract subject to the provisions of this chapter that is delivered,5-41
issued for delivery or renewed on or after October 1, 1999, has the legal5-42
effect of including the coverage required by subsection 1, and any6-1
provision of the contract or the renewal which is in conflict with this6-2
section is void.6-3
4. As used in this section, "provider of health care" has the meaning6-4
ascribed to it in NRS 629.031.6-5
Sec. 10. 1. An insurer that offers or issues a contract for hospital or6-6
medical service that provides coverage for outpatient care shall include in6-7
the contract coverage for any health care service related to reproductive6-8
health care that is provided by a provider of health care who is licensed or6-9
otherwise authorized in this state to furnish the service, including, without6-10
limitation, a health care service related to contraception, emergency6-11
contraception or hormone replacement therapy.6-12
2. An insurer that offers or issues a contract for hospital or medical6-13
service that provides coverage for outpatient care shall not:6-14
(a) Require an insured to pay a higher deductible, copayment or6-15
coinsurance or require a longer waiting period or other condition for6-16
coverage for outpatient care related to contraceptives or hormone6-17
replacement therapy than is required for other outpatient care covered by6-18
the contract;6-19
(b) Refuse to issue a contract for hospital or medical service or cancel6-20
a contract for hospital or medical service solely because the person6-21
applying for or covered by the contract uses or may use in the future any6-22
of the services listed in subsection 1;6-23
(c) Offer or pay any type of material inducement or financial incentive6-24
to an insured to discourage the insured from accessing any of the services6-25
listed in subsection 1;6-26
(d) Penalize a provider of health care who provides any of the services6-27
listed in subsection 1 to an insured, including, without limitation,6-28
reducing the reimbursement of the provider of health care; or6-29
(e) Offer or pay any type of material inducement, bonus or other6-30
financial incentive to a provider of health care to deny, reduce, withhold,6-31
limit or delay any of the services listed in subsection 1 to an insured.6-32
3. A contract subject to the provisions of this chapter that is delivered,6-33
issued for delivery or renewed on or after October 1, 1999, has the legal6-34
effect of including the coverage required by subsection 1, and any6-35
provision of the contract or the renewal which is in conflict with this6-36
section is void.6-37
4. As used in this section, "provider of health care" has the meaning6-38
ascribed to it in NRS 629.031.6-39
Sec. 11. Chapter 695C of NRS is hereby amended by adding thereto6-40
the provisions set forth as sections 12 and 13 of this act.6-41
Sec. 12. 1. A health maintenance organization that offers or issues6-42
a health maintenance plan that provides coverage for prescription drugs6-43
shall include in the plan coverage for:7-1
(a) Any type of contraceptive that is lawfully prescribed or ordered7-2
which has been approved by the Food and Drug Administration; and7-3
(b) Any type of hormone replacement therapy that is lawfully7-4
prescribed or ordered.7-5
2. A health maintenance organization that offers or issues a health7-6
maintenance plan that provides coverage for prescription drugs shall not:7-7
(a) Require an enrollee to pay a higher deductible, copayment or7-8
coinsurance or require a longer waiting period or other condition for7-9
coverage for a prescription for a contraceptive or hormone replacement7-10
therapy than is required for other prescription drugs covered by the plan;7-11
(b) Refuse to issue a health maintenance plan or cancel a health7-12
maintenance plan solely because the person applying for or covered by7-13
the plan uses or may use in the future any of the services listed in7-14
subsection 1;7-15
(c) Offer or pay any type of material inducement or financial incentive7-16
to an enrollee to discourage the enrollee from accessing any of the7-17
services listed in subsection 1;7-18
(d) Penalize a provider of health care who provides any of the services7-19
listed in subsection 1 to an enrollee, including, without limitation,7-20
reducing the reimbursement of the provider of health care; or7-21
(e) Offer or pay any type of material inducement, bonus or other7-22
financial incentive to a provider of health care to deny, reduce, withhold,7-23
limit or delay any of the services listed in subsection 1 to an enrollee.7-24
3. Evidence of coverage subject to the provisions of this chapter that7-25
is delivered, issued for delivery or renewed on or after October 1, 1999,7-26
has the legal effect of including the coverage required by subsection 1,7-27
and any provision of the evidence of coverage or the renewal which is in7-28
conflict with this section is void.7-29
4. As used in this section, "provider of health care" has the meaning7-30
ascribed to it in NRS 629.031.7-31
Sec. 13. 1. A health maintenance organization that offers or issues7-32
a health maintenance plan that provides coverage for outpatient care7-33
shall include in the plan coverage for any health care service related to7-34
reproductive health care that is provided by a provider of health care who7-35
is licensed or otherwise authorized in this state to furnish the service,7-36
including, without limitation, a health care service related to7-37
contraception, emergency contraception or hormone replacement7-38
therapy.7-39
2. A health maintenance organization that offers or issues a health7-40
maintenance plan that provides coverage for outpatient care shall not:7-41
(a) Require an enrollee to pay a higher deductible, copayment or7-42
coinsurance or require a longer waiting period or other condition for7-43
coverage for outpatient care related to contraceptives or hormone8-1
replacement therapy than is required for other outpatient care covered by8-2
the plan;8-3
(b) Refuse to issue a health maintenance plan or cancel a health8-4
maintenance plan solely because the person applying for or covered by8-5
the plan uses or may use in the future any of the services listed in8-6
subsection 1;8-7
(c) Offer or pay any type of material inducement or financial incentive8-8
to an enrollee to discourage the enrollee from accessing any of the8-9
services listed in subsection 1;8-10
(d) Penalize a provider of health care who provides any of the services8-11
listed in subsection 1 to an enrollee, including, without limitation,8-12
reducing the reimbursement of the provider of health care; or8-13
(e) Offer or pay any type of material inducement, bonus or other8-14
financial incentive to a provider of health care to deny, reduce, withhold,8-15
limit or delay any of the services listed in subsection 1 to an enrollee.8-16
3. Evidence of coverage subject to the provisions of this chapter that8-17
is delivered, issued for delivery or renewed on or after October 1, 1999,8-18
has the legal effect of including the coverage required by subsection 1,8-19
and any provision of the evidence of coverage or the renewal which is in8-20
conflict with this section is void.8-21
4. As used in this section, "provider of health care" has the meaning8-22
ascribed to it in NRS 629.031.8-23
Sec. 14. NRS 695C.050 is hereby amended to read as follows: 695C.050 1. Except as otherwise provided in this chapter or in8-25
specific provisions of this Title, the provisions of this Title are not8-26
applicable to any health maintenance organization granted a certificate of8-27
authority under this chapter. This provision does not apply to an insurer8-28
licensed and regulated pursuant to this Title except with respect to its8-29
activities as a health maintenance organization authorized and regulated8-30
pursuant to this chapter.8-31
2. Solicitation of enrollees by a health maintenance organization8-32
granted a certificate of authority, or its representatives, must not be8-33
construed to violate any provision of law relating to solicitation or8-34
advertising by practitioners of a healing art.8-35
3. Any health maintenance organization authorized under this chapter8-36
shall not be deemed to be practicing medicine and is exempt from the8-37
provisions of chapter 630 of NRS.8-38
4. The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive,8-39
695C.250 and 695C.265 do not apply to a health maintenance organization8-40
that provides health care services through managed care to recipients of8-41
Medicaid pursuant to a contract with the welfare division of the department8-42
of human resources. This subsection does not exempt a health maintenance9-1
organization from any provision of this chapter for services provided9-2
pursuant to any other contract.9-3
5. The provisions of sections 12 and 13 of this act apply to a health9-4
maintenance organization that provides health care services through9-5
managed care to recipients of Medicaid pursuant to a contract with the9-6
welfare division of the department of human resources.9-7
Sec. 15. NRS 695C.330 is hereby amended to read as follows: 695C.330 1. The commissioner may suspend or revoke any9-9
certificate of authority issued to a health maintenance organization pursuant9-10
to the provisions of this chapter if he finds that any of the following9-11
conditions exist:9-12
(a) The health maintenance organization is operating significantly in9-13
contravention of its basic organizational document, its health care plan or in9-14
a manner contrary to that described in and reasonably inferred from any9-15
other information submitted pursuant to NRS 695C.060, 695C.070 and9-16
695C.140, unless any amendments to those submissions have been filed9-17
with and approved by the commissioner;9-18
(b) The health maintenance organization issues evidence of coverage or9-19
uses a schedule of charges for health care services which do not comply9-20
with the requirements of NRS 695C.170 to 695C.200, inclusive, or9-21
695C.2079-22
(c) The health care plan does not furnish comprehensive health care9-23
services as provided for in NRS 695C.060;9-24
(d) The state board of health certifies to the commissioner that:9-25
(1) The health maintenance organization does not meet the9-26
requirements of subsection 2 of NRS 695C.080; or9-27
(2) The health maintenance organization is unable to fulfill its9-28
obligations to furnish health care services as required under its health care9-29
plan;9-30
(e) The health maintenance organization is no longer financially9-31
responsible and may reasonably be expected to be unable to meet its9-32
obligations to enrollees or prospective enrollees;9-33
(f) The health maintenance organization has failed to put into effect a9-34
mechanism affording the enrollees an opportunity to participate in matters9-35
relating to the content of programs pursuant to NRS 695C.110;9-36
(g) The health maintenance organization has failed to put into effect the9-37
system for complaints required by NRS 695C.260 in a manner reasonably9-38
to dispose of valid complaints;9-39
(h) The health maintenance organization or any person on its behalf has9-40
advertised or merchandised its services in an untrue, misrepresentative,9-41
misleading, deceptive or unfair manner;9-42
(i) The continued operation of the health maintenance organization9-43
would be hazardous to its enrollees; or10-1
(j) The health maintenance organization has otherwise failed to comply10-2
substantially with the provisions of this chapter.10-3
2. A certificate of authority must be suspended or revoked only after10-4
compliance with the requirements of NRS 695C.340.10-5
3. If the certificate of authority of a health maintenance organization is10-6
suspended, the health maintenance organization shall not, during the period10-7
of that suspension, enroll any additional groups or new individual contracts,10-8
unless those groups or persons were contracted for before the date of10-9
suspension.10-10
4. If the certificate of authority of a health maintenance organization is10-11
revoked, the organization shall proceed, immediately following the10-12
effective date of the order of revocation, to wind up its affairs and shall10-13
conduct no further business except as may be essential to the orderly10-14
conclusion of the affairs of the organization. It shall engage in no further10-15
advertising or solicitation of any kind. The commissioner may by written10-16
order permit such further operation of the organization as he may find to be10-17
in the best interest of enrollees to the end that enrollees are afforded the10-18
greatest practical opportunity to obtain continuing coverage for health care.10-19
Sec. 16. NRS 232.320 is hereby amended to read as follows: 232.320 1. Except as otherwise provided in subsection 2, the director:10-21
(a) Shall appoint, with the consent of the governor, chiefs of the10-22
divisions of the department, who are respectively designated as follows:10-23
(1) The administrator of the aging services division;10-24
(2) The administrator of the health division;10-25
(3) The state welfare administrator; and10-26
(4) The administrator of the division of child and family services.10-27
(b) Shall administer, through the divisions of the department, the10-28
provisions of chapters 210, 423, 424, 425, 427A, 432A to 442, inclusive,10-29
446, 447, 449 and 450 of NRS, NRS 127.220 to 127.310, inclusive,10-30
422.070 to 422.410, inclusive, and section 18 of this act, NRS 432.010 to10-31
432.139, inclusive, 444.003 to 444.430, inclusive, and 445A.010 to10-32
445A.050, inclusive, and all other provisions of law relating to the10-33
functions of the divisions of the department, but is not responsible for the10-34
clinical activities of the health division or the professional line activities of10-35
the other divisions.10-36
(c) Shall, after considering advice from agencies of local governments10-37
and nonprofit organizations which provide social services, adopt a master10-38
plan for the provision of human services in this state. The director shall10-39
revise the plan biennially and deliver a copy of the plan to the governor and10-40
the legislature at the beginning of each regular session. The plan must:10-41
(1) Identify and assess the plans and programs of the department for10-42
the provision of human services, and any duplication of those services by10-43
federal, state and local agencies;11-1
(2) Set forth priorities for the provision of those services;11-2
(3) Provide for communication and the coordination of those services11-3
among nonprofit organizations, agencies of local government, the state and11-4
the Federal Government;11-5
(4) Identify the sources of funding for services provided by the11-6
department and the allocation of that funding;11-7
(5) Set forth sufficient information to assist the department in11-8
providing those services and in the planning and budgeting for the future11-9
provision of those services; and11-10
(6) Contain any other information necessary for the department to11-11
communicate effectively with the Federal Government concerning11-12
demographic trends, formulas for the distribution of federal money and any11-13
need for the modification of programs administered by the department.11-14
(d) May, by regulation, require nonprofit organizations and state and11-15
local governmental agencies to provide information to him regarding the11-16
programs of those organizations and agencies, excluding detailed11-17
information relating to their budgets and payrolls, which he deems11-18
necessary for his performance of the duties imposed upon him pursuant to11-19
this section.11-20
(e) Has such other powers and duties as are provided by law.11-21
2. The governor shall appoint the administrator of the mental hygiene11-22
and mental retardation division.11-23
Sec. 17. NRS 287.010 is hereby amended to read as follows: 287.010 1. The governing body of any county, school district,11-25
municipal corporation, political subdivision, public corporation or other11-26
public agency of the State of Nevada may:11-27
(a) Adopt and carry into effect a system of group life, accident or health11-28
insurance, or any combination thereof, for the benefit of its officers and11-29
employees, and the dependents of officers and employees who elect to11-30
accept the insurance and who, where necessary, have authorized the11-31
governing body to make deductions from their compensation for the11-32
payment of premiums on the insurance.11-33
(b) Purchase group policies of life, accident or health insurance, or any11-34
combination thereof, for the benefit of such officers and employees, and the11-35
dependents of such officers and employees, as have authorized the11-36
purchase, from insurance companies authorized to transact the business of11-37
such insurance in the State of Nevada, and, where necessary, deduct from11-38
the compensation of officers and employees the premiums upon insurance11-39
and pay the deductions upon the premiums.11-40
(c) Provide group life, accident or health coverage through a self-11-41
insurance reserve fund and, where necessary, deduct contributions to the11-42
maintenance of the fund from the compensation of officers and employees11-43
and pay the deductions into the fund. The money accumulated for this12-1
purpose through deductions from the compensation of officers and12-2
employees and contributions of the governing body must be maintained as12-3
an internal service fund as defined by NRS 354.543. The money must be12-4
deposited in a state or national bank authorized to transact business in the12-5
State of Nevada. Any independent administrator of a fund created under12-6
this section is subject to the licensing requirements of chapter 683A of12-7
NRS, and must be a resident of this state. Any contract with an independent12-8
administrator must be approved by the commissioner of insurance as to the12-9
reasonableness of administrative charges in relation to contributions12-10
collected and benefits provided. The provisions of NRS 689B.030 to12-11
689B.050, inclusive, and sections 6 and 7 of this act apply to coverage12-12
provided pursuant to this paragraph.12-13
(d) Defray part or all of the cost of maintenance of a self-insurance fund12-14
or of the premiums upon insurance. The money for contributions must be12-15
budgeted for in accordance with the laws governing the county, school12-16
district, municipal corporation, political subdivision, public corporation or12-17
other public agency of the State of Nevada.12-18
2. If a school district offers group insurance to its officers and12-19
employees pursuant to this section, members of the board of trustees of the12-20
school district must not be excluded from participating in the group12-21
insurance. If the amount of the deductions from compensation required to12-22
pay for the group insurance exceeds the compensation to which a trustee is12-23
entitled, the difference must be paid by the trustee.12-24
Sec. 18. Chapter 422 of NRS is hereby amended by adding thereto a12-25
new section to read as follows:12-26
1. To the extent authorized by federal law, the department shall12-27
reimburse directly, under the state plan for Medicaid, any provider of12-28
health care for any health care service related to reproductive health care12-29
if the provider is licensed or otherwise authorized in this state to furnish12-30
the service, including, without limitation, a health care service related to12-31
contraception, emergency contraception or hormone replacement12-32
therapy.12-33
2. As used in this section, "provider of health care" has the meaning12-34
ascribed to it in NRS 629.031.12-35
Sec. 19. NRS 422.222 is hereby amended to read as follows: 422.222 1. The administrator may adopt such regulations as are12-37
necessary for the administration of NRS 422.070 to 422.410, inclusive, and12-38
section 18 of this act and any program of the welfare division.12-39
2. A regulation adopted by the administrator becomes effective upon12-40
adoption or such other date as the administrator specifies in the regulation.13-1
Sec. 20. NRS 422.273 is hereby amended to read as follows: 422.273 1. For any Medicaid managed care program established in13-3
the State of Nevada, the department shall contract only with a health13-4
maintenance organization that has:13-5
(a) Negotiated in good faith with a federally-qualified health center to13-6
provide health care services for the health maintenance organization;13-7
(b) Negotiated in good faith with each essential community provider in13-8
the area of this state in which the health maintenance organization13-9
provides services to provide health care services for the health13-10
maintenance organization;13-11
(c) Negotiated in good faith with the University Medical Center of13-12
Southern Nevada to provide inpatient and ambulatory services to recipients13-13
of Medicaid; and13-14
13-15
of Medicine to provide health care services to recipients of Medicaid.13-16
Nothing in this section shall be construed as exempting a federally-13-17
qualified health center, an essential community provider, the University13-18
Medical Center of Southern Nevada or the University of Nevada School of13-19
Medicine from the requirements for contracting with the health13-20
maintenance organization.13-21
2. During the development and implementation of any Medicaid13-22
managed care program, the department shall cooperate with the University13-23
of Nevada School of Medicine by assisting in the provision of an adequate13-24
and diverse group of patients upon which the school may base its13-25
educational programs.13-26
3. The University of Nevada School of Medicine may establish a13-27
nonprofit organization to assist in any research necessary for the13-28
development of a Medicaid managed care program, receive and accept13-29
gifts, grants and donations to support such a program and assist in13-30
establishing educational services about the program for recipients of13-31
Medicaid.13-32
4. For the purposes of this section:13-33
(a) "Essential community provider" means a provider of health care13-34
that provides services at no charge or for a fee for services based upon a13-35
sliding scale which is determined based on the income of a patient, that13-36
does not restrict access or services because of the financial limitations of13-37
a patient, and that:13-38
(1) Historically has served medically needy or medically indigent13-39
patients and has demonstrated a commitment to serve such patients by13-40
dedicating a significant portion of its business to such patients; or13-41
(2) Is the only provider of health care in its community and to the13-42
best of its ability has served the medically indigent patients in its13-43
community.14-1
(b) "Federally-qualified health center" has the meaning ascribed to it in14-2
42 U.S.C. § 1396d(l)(2)(B).14-3
14-4
it in NRS 695C.030.~