CHAPTER........
AN ACT relating to health care; requiring health insurers to include in certain policies of
health insurance coverage for services and prescription drugs and devices related to
contraceptives and hormone replacement therapy; providing a religious exemption
for certain insurers; prohibiting certain health insurers from committing certain acts
concerning coverage for services related to contraceptives and hormone replacement
therapy; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 689A of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 and 3 of this act.
Sec. 2.
1. Except as otherwise provided in subsection 5, an insurerthat offers or issues a policy of health insurance which provides coverage
for prescription drugs or devices shall include in the policy coverage for:
(a) Any type of drug or device for contraception; and
(b) Any type of hormone replacement therapy,
which is lawfully prescribed or ordered and which has been approved by
the Food and Drug Administration.
2. An insurer that offers or issues a policy of health insurance that
provides coverage for prescription drugs shall not:
(a) Require an insured to pay a higher deductible, copayment or
coinsurance or require a longer waiting period or other condition for
coverage for a prescription for a contraceptive or hormone replacement
therapy than is required for other prescription drugs covered by the
policy;
(b) Refuse to issue a policy of health insurance or cancel a policy of
health insurance solely because the person applying for or covered by the
policy uses or may use in the future any of the services listed in
subsection 1;
(c) Offer or pay any type of material inducement or financial
incentive to an insured to discourage the insured from accessing any of
the services listed in subsection 1;
(d) Penalize a provider of health care who provides any of the services
listed in subsection 1 to an insured, including, without limitation,
reducing the reimbursement of the provider of health care; or
(e) Offer or pay any type of material inducement, bonus or other
financial incentive to a provider of health care to deny, reduce, withhold,
limit or delay any of the services listed in subsection 1 to an insured.
3. Except as otherwise provided in subsection 5, a policy subject to
the provisions of this chapter that is delivered, issued for delivery or
renewed on or after October 1, 1999, has the legal effect of including the
coverage required by subsection 1, and any provision of the policy or the
renewal which is in conflict with this section is void.
4. The provisions of this section do not:
(a) Require an insurer to provide coverage for fertility drugs.
(b) Prohibit an insurer from requiring an insured to pay a deductible,
copayment or coinsurance for the coverage required by paragraphs (a)
and (b) of subsection 1 that is the same as the insured is required to pay
for other prescription drugs covered by the policy.
5. An insurer which offers or issues a policy of health insurance and
which is affiliated with a religious organization is not required to provide
the coverage required by paragraph (a) of subsection 1 if the insurer
objects on religious grounds. Such an insurer shall, before the issuance
of a policy of health insurance and before the renewal of such a policy,
provide to the prospective insured, written notice of the coverage that the
insurer refuses to provide pursuant to this subsection.
6. As used in this section, "provider of health care" has the meaning
ascribed to it in NRS 629.031.
Sec. 3.
1. Except as otherwise provided in subsection 5, an insurerthat offers or issues a policy of health insurance which provides coverage
for outpatient care shall include in the policy coverage for any health
care service related to contraceptives or hormone replacement therapy.
2. An insurer that offers or issues a policy of health insurance that
provides coverage for outpatient care shall not:
(a) Require an insured to pay a higher deductible, copayment or
coinsurance or require a longer waiting period or other condition for
coverage for outpatient care related to contraceptives or hormone
replacement therapy than is required for other outpatient care covered by
the policy;
(b) Refuse to issue a policy of health insurance or cancel a policy of
health insurance solely because the person applying for or covered by the
policy uses or may use in the future any of the services listed in
subsection 1;
(c) Offer or pay any type of material inducement or financial
incentive to an insured to discourage the insured from accessing any of
the services listed in subsection 1;
(d) Penalize a provider of health care who provides any of the services
listed in subsection 1 to an insured, including, without limitation,
reducing the reimbursement of the provider of health care; or
(e) Offer or pay any type of material inducement, bonus or other
financial incentive to a provider of health care to deny, reduce, withhold,
limit or delay any of the services listed in subsection 1 to an insured.
3. Except as otherwise provided in subsection 5, a policy subject to
the provisions of this chapter that is delivered, issued for delivery or
renewed on or after October 1, 1999, has the legal effect of including the
coverage required by subsection 1, and any provision of the policy or the
renewal which is in conflict with this section is void.
4. The provisions of this section do not prohibit an insurer from
requiring an insured to pay a deductible, copayment or coinsurance for
the coverage required by subsection 1 that is the same as the insured is
required to pay for other outpatient care covered by the policy.
5. An insurer which offers or issues such a policy of health
insurance and which is affiliated with a religious organization is not
required to provide the coverage for health care service related to
contraceptives required by this section if the insurer objects on religious
grounds. Such an insurer shall, before the issuance of a policy of health
insurance and before the renewal of such a policy, provide to the
prospective insured written notice of the coverage that the insurer refuses
to provide pursuant to this subsection.
6. As used in this section, "provider of health care" has the meaning
ascribed to it in NRS 629.031.
Sec. 4.
NRS 689A.330 is hereby amended to read as follows:Sec. 5. Chapter 689B of NRS is hereby amended by adding thereto the
provisions set forth as sections 6 and 7 of this act.
Sec. 6.
1. Except as otherwise provided in subsection 5, an insurerthat offers or issues a policy of group health insurance which provides
coverage for prescription drugs or devices shall include in the policy
coverage for:
(a) Any type of drug or device for contraception; and
(b) Any type of hormone replacement therapy,
which is lawfully prescribed or ordered and which has been approved by
the Food and Drug Administration.
2. An insurer that offers or issues a policy of group health insurance
that provides coverage for prescription drugs shall not:
(a) Require an insured to pay a higher deductible, copayment or
coinsurance or require a longer waiting period or other condition for
coverage for a prescription for a contraceptive or hormone replacement
therapy than is required for other prescription drugs covered by the
policy;
(b) Refuse to issue a policy of group health insurance or cancel a
policy of group health insurance solely because the person applying for
or covered by the policy uses or may use in the future any of the services
listed in subsection 1;
(c) Offer or pay any type of material inducement or financial
incentive to an insured to discourage the insured from accessing any of
the services listed in subsection 1;
(d) Penalize a provider of health care who provides any of the services
listed in subsection 1 to an insured, including, without limitation,
reducing the reimbursement of the provider of health care; or
(e) Offer or pay any type of material inducement, bonus or other
financial incentive to a provider of health care to deny, reduce, withhold,
limit or delay any of the services listed in subsection 1 to an insured.
3. Except as otherwise provided in subsection 5, a policy subject to
the provisions of this chapter that is delivered, issued for delivery or
renewed on or after October 1, 1999, has the legal effect of including the
coverage required by subsection 1, and any provision of the policy or the
renewal which is in conflict with this section is void.
4. The provisions of this section do not:
(a) Require an insurer to provide coverage for fertility drugs.
(b) Prohibit an insurer from requiring an insured to pay a deductible,
copayment or coinsurance for the coverage required by paragraphs (a)
and (b) of subsection 1 that is the same as the insured is required to pay
for other prescription drugs covered by the policy.
5. An insurer which offers or issues a policy of group health
insurance and which is affiliated with a religious organization is not
required to provide the coverage required by paragraph (a) of subsection
1 if the insurer objects on religious grounds. Such an insurer shall,
before the issuance of a policy of group health insurance and before the
renewal of such a policy, provide to the group policyholder or prospective
insured, as applicable, written notice of the coverage that the insurer
refuses to provide pursuant to this subsection. The insurer shall provide
notice to each insured, at the time the insured receives his certificate of
coverage or evidence of coverage, that the insurer refused to provide
coverage pursuant to this subsection.
6. If an insurer refuses, pursuant to subsection 5, to provide the
coverage required by paragraph (a) of subsection 1, an employer may
otherwise provide for the coverage for his employees.
7. As used in this section, "provider of health care" has the meaning
ascribed to it in NRS 629.031.
Sec. 7.
1. Except as otherwise provided in subsection 5, an insurerthat offers or issues a policy of group health insurance which provides
coverage for outpatient care shall include in the policy coverage for any
health care service related to contraceptives or hormone replacement
therapy.
2. An insurer that offers or issues a policy of group health insurance
that provides coverage for outpatient care shall not:
(a) Require an insured to pay a higher deductible, copayment or
coinsurance or require a longer waiting period or other condition for
coverage for outpatient care related to contraceptives or hormone
replacement therapy than is required for other outpatient care covered by
(b) Refuse to issue a policy of group health insurance or cancel a
policy of group health insurance solely because the person applying for
or covered by the policy uses or may use in the future any of the services
listed in subsection 1;
(c) Offer or pay any type of material inducement or financial
incentive to an insured to discourage the insured from accessing any of
the services listed in subsection 1;
(d) Penalize a provider of health care who provides any of the services
listed in subsection 1 to an insured, including, without limitation,
reducing the reimbursement of the provider of health care; or
(e) Offer or pay any type of material inducement, bonus or other
financial incentive to a provider of health care to deny, reduce, withhold,
limit or delay any of the services listed in subsection 1 to an insured.
3. Except as otherwise provided in subsection 5, a policy subject to
the provisions of this chapter that is delivered, issued for delivery or
renewed on or after October 1, 1999, has the legal effect of including the
coverage required by subsection 1, and any provision of the policy or the
renewal which is in conflict with this section is void.
4. The provisions of this section do not prohibit an insurer from
requiring an insured to pay a deductible, copayment or coinsurance for
the coverage required by subsection 1 that is the same as the insured is
required to pay for other outpatient care covered by the policy.
5. An insurer which offers or issues a policy of group health
insurance and which is affiliated with a religious organization is not
required to provide the coverage for health care service related to
contraceptives required by this section if the insurer objects on religious
grounds. Such an insurer shall, before the issuance of a policy of group
health insurance and before the renewal of such a policy, provide to the
group policyholder or prospective insured, as applicable, written notice of
the coverage that the insurer refuses to provide pursuant to this
subsection. The insurer shall provide notice to each insured, at the time
the insured receives his certificate of coverage or evidence of coverage,
that the insurer refused to provide coverage pursuant to this subsection.
6. If an insurer refuses, pursuant to subsection 5, to provide the
coverage required by paragraph (a) of subsection 1, an employer may
otherwise provide for the coverage for his employees.
7. As used in this section, "provider of health care" has the meaning
ascribed to it in NRS 629.031.
Sec. 8.
Chapter 695B of NRS is hereby amended by adding thereto theprovisions set forth as sections 9 and 10 of this act.
Sec. 9. 1. Except as otherwise provided in subsection 5, an insurer
that offers or issues a contract for hospital or medical service which
provides coverage for prescription drugs or devices shall include in the
contract coverage for:
(a) Any type of drug or device for contraception; and
(b) Any type of hormone replacement therapy
which is lawfully prescribed or ordered and which has been approved by
the Food and Drug Administration.
2. An insurer that offers or issues a contract for hospital or medical
service that provides coverage for prescription drugs shall not:
(a) Require an insured to pay a higher deductible, copayment or
coinsurance or require a longer waiting period or other condition for
coverage for a prescription for a contraceptive or hormone replacement
therapy than is required for other prescription drugs covered by the
contract;
(b) Refuse to issue a contract for hospital or medical service or cancel
a contract for hospital or medical service solely because the person
applying for or covered by the contract uses or may use in the future any
of the services listed in subsection 1;
(c) Offer or pay any type of material inducement or financial
incentive to an insured to discourage the insured from accessing any of
the services listed in subsection 1;
(d) Penalize a provider of health care who provides any of the services
listed in subsection 1 to an insured, including, without limitation,
reducing the reimbursement of the provider of health care; or
(e) Offer or pay any type of material inducement, bonus or other
financial incentive to a provider of health care to deny, reduce, withhold,
limit or delay any of the services listed in subsection 1 to an insured.
3. Except as otherwise provided in subsection 5, a contract subject to
the provisions of this chapter that is delivered, issued for delivery or
renewed on or after October 1, 1999, has the legal effect of including the
coverage required by subsection 1, and any provision of the contract or
the renewal which is in conflict with this section is void.
4. The provisions of this section do not:
(a) Require an insurer to provide coverage for fertility drugs.
(b) Prohibit an insurer from requiring an insured to pay a deductible,
copayment or coinsurance for the coverage required by paragraphs (a)
and (b) of subsection 1 that is the same as the insured is required to pay
for other prescription drugs covered by the contract.
5. An insurer which offers or issues a contract for hospital or
medical service and which is affiliated with a religious organization is
not required to provide the coverage required by paragraph (a) of
subsection 1 if the insurer objects on religious grounds. Such an insurer
shall, before the issuance of a contract for hospital or medical service
and before the renewal of such a contract, provide to the group
policyholder or prospective insured, as applicable, written notice of the
coverage that the insurer refuses to provide pursuant to this subsection.
The insurer shall provide notice to each insured, at the time the insured
receives his certificate of coverage or evidence of coverage, that the
insurer refused to provide coverage pursuant to this subsection.
6. If an insurer refuses, pursuant to subsection 5, to provide the
coverage required by paragraph (a) of subsection 1, an employer may
otherwise provide for the coverage for his employees.
7. As used in this section, "provider of health care" has the meaning
ascribed to it in NRS 629.031.
Sec. 10.
1. Except as otherwise provided in subsection 5, aninsurer that offers or issues a contract for hospital or medical service
which provides coverage for outpatient care shall include in the contract
coverage for any health care service related to contraceptives or hormone
replacement therapy.
2. An insurer that offers or issues a contract for hospital or medical
service that provides coverage for outpatient care shall not:
(a) Require an insured to pay a higher deductible, copayment or
coinsurance or require a longer waiting period or other condition for
coverage for outpatient care related to contraceptives or hormone
replacement therapy than is required for other outpatient care covered by
the contract;
(b) Refuse to issue a contract for hospital or medical service or cancel
a contract for hospital or medical service solely because the person
applying for or covered by the contract uses or may use in the future any
of the services listed in subsection 1;
(c) Offer or pay any type of material inducement or financial
incentive to an insured to discourage the insured from accessing any of
the services listed in subsection 1;
(d) Penalize a provider of health care who provides any of the services
listed in subsection 1 to an insured, including, without limitation,
reducing the reimbursement of the provider of health care; or
(e) Offer or pay any type of material inducement, bonus or other
financial incentive to a provider of health care to deny, reduce, withhold,
limit or delay any of the services listed in subsection 1 to an insured.
3. Except as otherwise provided in subsection 5, a contract subject to
the provisions of this chapter that is delivered, issued for delivery or
renewed on or after October 1, 1999, has the legal effect of including the
coverage required by subsection 1, and any provision of the contract or
the renewal which is in conflict with this section is void.
4. The provisions of this section do not prohibit an insurer from
requiring an insured to pay a deductible, copayment or coinsurance for
the coverage required by subsection 1 that is the same as the insured is
required to pay for other outpatient care covered by the contract.
5. An insurer which offers or issues a contract for hospital or
medical service and which is affiliated with a religious organization is
not required to provide the coverage for health care service related to
contraceptives required by this section if the insurer objects on religious
grounds. Such an insurer shall, before the issuance of a contract for
hospital or medical service and before the renewal of such a contract,
provide to the group policyholder or prospective insured, as applicable,
written notice of the coverage that the insurer refuses to provide pursuant
to this subsection. The insurer shall provide notice to each insured, at the
time the insured receives his certificate of coverage or evidence of
coverage, that the insurer refused to provide coverage pursuant to this
subsection.
6. If an insurer refuses, pursuant to subsection 5, to provide the
coverage required by paragraph (a) of subsection 1, an employer may
otherwise provide for the coverage for his employees.
7. As used in this section, "provider of health care" has the meaning
ascribed to it in NRS 629.031.
Sec. 11.
Chapter 695C of NRS is hereby amended by adding theretothe provisions set forth as sections 12 and 13 of this act.
Sec. 12. 1. Except as otherwise provided in subsection 5, a health
maintenance organization which offers or issues a health care plan that
provides coverage for prescription drugs or devices shall include in the
plan coverage for:
(a) Any type of drug or device for contraception; and
(b) Any type of hormone replacement therapy,
which is lawfully prescribed or ordered and which has been approved by
the Food and Drug Administration.
2. A health maintenance organization that offers or issues a health
care plan that provides coverage for prescription drugs shall not:
(a) Require an enrollee to pay a higher deductible, copayment or
coinsurance or require a longer waiting period or other condition for
coverage for a prescription for a contraceptive or hormone replacement
therapy than is required for other prescription drugs covered by the plan;
(b) Refuse to issue a health care plan or cancel a health care plan
solely because the person applying for or covered by the plan uses or may
use in the future any of the services listed in subsection 1;
(c) Offer or pay any type of material inducement or financial
incentive to an enrollee to discourage the enrollee from accessing any of
the services listed in subsection 1;
(d) Penalize a provider of health care who provides any of the services
listed in subsection 1 to an enrollee, including, without limitation,
reducing the reimbursement of the provider of health care; or
(e) Offer or pay any type of material inducement, bonus or other
financial incentive to a provider of health care to deny, reduce, withhold,
limit or delay any of the services listed in subsection 1 to an enrollee.
3. Except as otherwise provided in subsection 5, evidence of coverage
subject to the provisions of this chapter that is delivered, issued for
delivery or renewed on or after October 1, 1999, has the legal effect of
including the coverage required by subsection 1, and any provision of the
evidence of coverage or the renewal which is in conflict with this section
is void.
4. The provisions of this section do not:
(a) Require a health maintenance organization to provide coverage
for fertility drugs.
(b) Prohibit a health maintenance organization from requiring an
enrollee to pay a deductible, copayment or coinsurance for the coverage
required by paragraphs (a) and (b) of subsection 1 that is the same as the
enrollee is required to pay for other prescription drugs covered by the
plan.
5. A health maintenance organization which offers or issues a health
care plan and which is affiliated with a religious organization is not
required to provide the coverage required by paragraph (a) of subsection
1 if the health maintenance organization objects on religious grounds.
The health maintenance organization shall, before the issuance of a
health care plan and before renewal of enrollment in such a plan,
provide to the group policyholder or prospective enrollee, as applicable,
written notice of the coverage that the health maintenance organization
refuses to provide pursuant to this subsection. The health maintenance
organization shall provide notice to each enrollee, at the time the enrollee
receives his evidence of coverage, that the health maintenance
organization refused to provide coverage pursuant to this subsection.
6. If a health maintenance organization refuses, pursuant to
subsection 5, to provide the coverage required by paragraph (a) of
subsection 1, an employer may otherwise provide for the coverage for his
employees.
7. As used in this section, "provider of health care" has the meaning
ascribed to it in NRS 629.031.
Sec. 13.
1. Except as otherwise provided in subsection 5, a healthmaintenance organization that offers or issues a health care plan which
provides coverage for outpatient care shall include in the plan coverage
for any health care service related to contraceptives or hormone
replacement therapy.
2. A health maintenance organization that offers or issues a health
care plan that provides coverage for outpatient care shall not:
(a) Require an enrollee to pay a higher deductible, copayment or
coinsurance or require a longer waiting period or other condition for
coverage for outpatient care related to contraceptives or hormone
replacement therapy than is required for other outpatient care covered by
the plan;
(b) Refuse to issue a health care plan or cancel a health care plan
solely because the person applying for or covered by the plan uses or may
use in the future any of the services listed in subsection 1;
(c) Offer or pay any type of material inducement or financial
incentive to an enrollee to discourage the enrollee from accessing any of
the services listed in subsection 1;
(d) Penalize a provider of health care who provides any of the services
listed in subsection 1 to an enrollee, including, without limitation,
reducing the reimbursement of the provider of health care; or
(e) Offer or pay any type of material inducement, bonus or other
financial incentive to a provider of health care to deny, reduce, withhold,
limit or delay any of the services listed in subsection 1 to an enrollee.
3. Except as otherwise provided in subsection 5, evidence of coverage
subject to the provisions of this chapter that is delivered, issued for
delivery or renewed on or after October 1, 1999, has the legal effect of
including the coverage required by subsection 1, and any provision of the
evidence of coverage or the renewal which is in conflict with this section
is void.
4. The provisions of this section do not prohibit a health
maintenance organization from requiring an enrollee to pay a
deductible, copayment or coinsurance for the coverage required by
subsection 1 that is the same as the enrollee is required to pay for other
outpatient care covered by the plan.
5. A health maintenance organization which offers or issues a health
care plan and which is affiliated with a religious organization is not
required to provide the coverage for health care service related to
contraceptives required by this section if the health maintenance
organization objects on religious grounds. The health maintenance
organization shall, before the issuance of a health care plan and before
renewal of enrollment in such a plan, provide to the group policyholder
or prospective enrollee, as applicable, written notice of the coverage that
the health maintenance organization refuses to provide pursuant to this
subsection. The health maintenance organization shall provide notice to
each enrollee, at the time the enrollee receives his evidence of coverage,
that the health maintenance organization refused to provide coverage
pursuant to this subsection.
6. If a health maintenance organization refuses, pursuant to
subsection 5, to provide the coverage required by paragraph (a) of
subsection 1, an employer may otherwise provide for the coverage for his
employees.
7. As used in this section, "provider of health care" has the meaning
ascribed to it in NRS 629.031.
Sec. 14.
NRS 695C.050 is hereby amended to read as follows:Sec. 15. NRS 695C.330 is hereby amended to read as follows:
Sec. 16.
NRS 287.010 is hereby amended to read as follows: