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 contraceptives and hormone replacement therapy. (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. Except as otherwise provided in subsection 5, an insurer1-4
that offers or issues a policy of health insurance which provides coverage1-5
for prescription drugs or devices shall include in the policy coverage for:1-6
(a) Any type of drug or device for contraception; and1-7
(b) Any type of hormone replacement therapy,1-8
which is lawfully prescribed or ordered and which has been approved by1-9
the Food and Drug Administration.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 for1-14
coverage for a prescription for a contraceptive or hormone replacement2-1
therapy than is required for other prescription drugs covered by the2-2
policy;2-3
(b) Refuse to issue a policy of health insurance or cancel a policy of2-4
health insurance solely because the person applying for or covered by the2-5
policy uses or may use in the future any of the services listed in2-6
subsection 1;2-7
(c) Offer or pay any type of material inducement or financial2-8
incentive to an insured to discourage the insured from accessing any of2-9
the services listed in subsection 1;2-10
(d) Penalize a provider of health care who provides any of the services2-11
listed in subsection 1 to an insured, including, without limitation,2-12
reducing the reimbursement of the provider of health care; or2-13
(e) Offer or pay any type of material inducement, bonus or other2-14
financial incentive to a provider of health care to deny, reduce, withhold,2-15
limit or delay any of the services listed in subsection 1 to an insured.2-16
3. Except as otherwise provided in subsection 5, a policy subject to2-17
the provisions of this chapter that is delivered, issued for delivery or2-18
renewed on or after October 1, 1999, has the legal effect of including the2-19
coverage required by subsection 1, and any provision of the policy or the2-20
renewal which is in conflict with this section is void.2-21
4. The provisions of this section do not:2-22
(a) Require an insurer to provide coverage for fertility drugs.2-23
(b) Prohibit an insurer from requiring an insured to pay a deductible,2-24
copayment or coinsurance for the coverage required by paragraphs (a)2-25
and (b) of subsection 1 that is the same as the insured is required to pay2-26
for other prescription drugs covered by the policy.2-27
5. An insurer which offers or issues a policy of health insurance and2-28
which is affiliated with a religious organization is not required to provide2-29
the coverage required by paragraph (a) of subsection 1 if the insurer2-30
objects on religious grounds. Such an insurer shall, before the issuance2-31
of a policy of health insurance and before the renewal of such a policy,2-32
provide to the prospective insured, written notice of the coverage that the2-33
insurer refuses to provide pursuant to this subsection.2-34
6. As used in this section, "provider of health care" has the meaning2-35
ascribed to it in NRS 629.031.2-36
Sec. 3. 1. Except as otherwise provided in subsection 5, an insurer2-37
that offers or issues a policy of health insurance which provides coverage2-38
for outpatient care shall include in the policy coverage for any health2-39
care service related to contraceptives or hormone replacement therapy.2-40
2. An insurer that offers or issues a policy of health insurance that2-41
provides coverage for outpatient care shall not:2-42
(a) Require an insured to pay a higher deductible, copayment or2-43
coinsurance or require a longer waiting period or other condition for3-1
coverage for outpatient care related to contraceptives or hormone3-2
replacement therapy than is required for other outpatient care covered by3-3
the policy;3-4
(b) Refuse to issue a policy of health insurance or cancel a policy of3-5
health insurance solely because the person applying for or covered by the3-6
policy uses or may use in the future any of the services listed in3-7
subsection 1;3-8
(c) Offer or pay any type of material inducement or financial3-9
incentive to an insured to discourage the insured from accessing any of3-10
the services listed in subsection 1;3-11
(d) Penalize a provider of health care who provides any of the services3-12
listed in subsection 1 to an insured, including, without limitation,3-13
reducing the reimbursement of the provider of health care; or3-14
(e) Offer or pay any type of material inducement, bonus or other3-15
financial incentive to a provider of health care to deny, reduce, withhold,3-16
limit or delay any of the services listed in subsection 1 to an insured.3-17
3. Except as otherwise provided in subsection 5, a policy subject to3-18
the provisions of this chapter that is delivered, issued for delivery or3-19
renewed on or after October 1, 1999, has the legal effect of including the3-20
coverage required by subsection 1, and any provision of the policy or the3-21
renewal which is in conflict with this section is void.3-22
4. The provisions of this section do not prohibit an insurer from3-23
requiring an insured to pay a deductible, copayment or coinsurance for3-24
the coverage required by subsection 1 that is the same as the insured is3-25
required to pay for other outpatient care covered by the policy.3-26
5. An insurer which offers or issues such a policy of health3-27
insurance and which is affiliated with a religious organization is not3-28
required to provide the coverage for health care service related to3-29
contraceptives required by this section if the insurer objects on religious3-30
grounds. Such an insurer shall, before the issuance of a policy of health3-31
insurance and before the renewal of such a policy, provide to the3-32
prospective insured written notice of the coverage that the insurer refuses3-33
to provide pursuant to this subsection.3-34
6. As used in this section, "provider of health care" has the meaning3-35
ascribed to it in NRS 629.031.3-36
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 a3-38
person residing in another state, and if the insurance commissioner or3-39
corresponding public officer of that other state has informed the3-40
commissioner that the policy is not subject to approval or disapproval by3-41
that officer, the commissioner may by ruling require that the policy meet3-42
the standards set forth in NRS 689A.030 to 689A.320, inclusive3-43
sections 2 and 3 of this act.4-1
Sec. 5. Chapter 689B of NRS is hereby amended by adding thereto the4-2
provisions set forth as sections 6 and 7 of this act.4-3
Sec. 6. 1. Except as otherwise provided in subsection 5, an insurer4-4
that offers or issues a policy of group health insurance which provides4-5
coverage for prescription drugs or devices shall include in the policy4-6
coverage for:4-7
(a) Any type of drug or device for contraception; and4-8
(b) Any type of hormone replacement therapy,4-9
which is lawfully prescribed or ordered and which has been approved by4-10
the Food and Drug Administration.4-11
2. An insurer that offers or issues a policy of group health insurance4-12
that provides coverage for prescription drugs shall not:4-13
(a) Require an insured to pay a higher deductible, copayment or4-14
coinsurance or require a longer waiting period or other condition for4-15
coverage for a prescription for a contraceptive or hormone replacement4-16
therapy than is required for other prescription drugs covered by the4-17
policy;4-18
(b) Refuse to issue a policy of group health insurance or cancel a4-19
policy of group health insurance solely because the person applying for4-20
or covered by the policy uses or may use in the future any of the services4-21
listed in subsection 1;4-22
(c) Offer or pay any type of material inducement or financial4-23
incentive to an insured to discourage the insured from accessing any of4-24
the services listed in subsection 1;4-25
(d) Penalize a provider of health care who provides any of the services4-26
listed in subsection 1 to an insured, including, without limitation,4-27
reducing the reimbursement of the provider of health care; or4-28
(e) Offer or pay any type of material inducement, bonus or other4-29
financial incentive to a provider of health care to deny, reduce, withhold,4-30
limit or delay any of the services listed in subsection 1 to an insured.4-31
3. Except as otherwise provided in subsection 5, a policy subject to4-32
the provisions of this chapter that is delivered, issued for delivery or4-33
renewed on or after October 1, 1999, has the legal effect of including the4-34
coverage required by subsection 1, and any provision of the policy or the4-35
renewal which is in conflict with this section is void.4-36
4. The provisions of this section do not:4-37
(a) Require an insurer to provide coverage for fertility drugs.4-38
(b) Prohibit an insurer from requiring an insured to pay a deductible,4-39
copayment or coinsurance for the coverage required by paragraphs (a)4-40
and (b) of subsection 1 that is the same as the insured is required to pay4-41
for other prescription drugs covered by the policy.4-42
5. An insurer which offers or issues a policy of group health4-43
insurance and which is affiliated with a religious organization is not5-1
required to provide the coverage required by paragraph (a) of subsection5-2
1 if the insurer objects on religious grounds. Such an insurer shall,5-3
before the issuance of a policy of group health insurance and before the5-4
renewal of such a policy, provide to the group policyholder or prospective5-5
insured, as applicable, written notice of the coverage that the insurer5-6
refuses to provide pursuant to this subsection. The insurer shall provide5-7
notice to each insured, at the time the insured receives his certificate of5-8
coverage or evidence of coverage, that the insurer refused to provide5-9
coverage pursuant to this subsection.5-10
6. If an insurer refuses, pursuant to subsection 5, to provide the5-11
coverage required by paragraph (a) of subsection 1, an employer may5-12
otherwise provide for the coverage for his employees.5-13
7. As used in this section, "provider of health care" has the meaning5-14
ascribed to it in NRS 629.031.5-15
Sec. 7. 1. Except as otherwise provided in subsection 5, an insurer5-16
that offers or issues a policy of group health insurance which provides5-17
coverage for outpatient care shall include in the policy coverage for any5-18
health care service related to contraceptives or hormone replacement5-19
therapy.5-20
2. An insurer that offers or issues a policy of group health insurance5-21
that provides coverage for outpatient care 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 outpatient care related to contraceptives or hormone5-25
replacement therapy than is required for other outpatient care covered by5-26
the policy;5-27
(b) Refuse to issue a policy of group health insurance or cancel a5-28
policy of group health insurance solely because the person applying for5-29
or covered by the policy uses or may use in the future any of the services5-30
listed in subsection 1;5-31
(c) Offer or pay any type of material inducement or financial5-32
incentive to an insured to discourage the insured from accessing any of5-33
the services 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. Except as otherwise provided in subsection 5, a policy subject to5-41
the provisions of this chapter that is delivered, issued for delivery or5-42
renewed on or after October 1, 1999, has the legal effect of including the6-1
coverage required by subsection 1, and any provision of the policy or the6-2
renewal which is in conflict with this section is void.6-3
4. The provisions of this section do not prohibit an insurer from6-4
requiring an insured to pay a deductible, copayment or coinsurance for6-5
the coverage required by subsection 1 that is the same as the insured is6-6
required to pay for other outpatient care covered by the policy.6-7
5. An insurer which offers or issues a policy of group health6-8
insurance and which is affiliated with a religious organization is not6-9
required to provide the coverage for health care service related to6-10
contraceptives required by this section if the insurer objects on religious6-11
grounds. Such an insurer shall, before the issuance of a policy of group6-12
health insurance and before the renewal of such a policy, provide to the6-13
group policyholder or prospective insured, as applicable, written notice of6-14
the coverage that the insurer refuses to provide pursuant to this6-15
subsection. The insurer shall provide notice to each insured, at the time6-16
the insured receives his certificate of coverage or evidence of coverage,6-17
that the insurer refused to provide coverage pursuant to this subsection.6-18
6. If an insurer refuses, pursuant to subsection 5, to provide the6-19
coverage required by paragraph (a) of subsection 1, an employer may6-20
otherwise provide for the coverage for his employees.6-21
7. As used in this section, "provider of health care" has the meaning6-22
ascribed to it in NRS 629.031.6-23
Sec. 8. Chapter 695B of NRS is hereby amended by adding thereto the6-24
provisions set forth as sections 9 and 10 of this act.6-25
Sec. 9. 1. Except as otherwise provided in subsection 5, an insurer6-26
that offers or issues a contract for hospital or medical service which6-27
provides coverage for prescription drugs or devices shall include in the6-28
contract coverage for:6-29
(a) Any type of drug or device for contraception; and6-30
(b) Any type of hormone replacement therapy,6-31
which is lawfully prescribed or ordered and which has been approved by6-32
the Food and Drug Administration.6-33
2. An insurer that offers or issues a contract for hospital or medical6-34
service that provides coverage for prescription drugs shall not:6-35
(a) Require an insured to pay a higher deductible, copayment or6-36
coinsurance or require a longer waiting period or other condition for6-37
coverage for a prescription for a contraceptive or hormone replacement6-38
therapy than is required for other prescription drugs covered by the6-39
contract;6-40
(b) Refuse to issue a contract for hospital or medical service or cancel6-41
a contract for hospital or medical service solely because the person6-42
applying for or covered by the contract uses or may use in the future any6-43
of the services listed in subsection 1;7-1
(c) Offer or pay any type of material inducement or financial7-2
incentive to an insured to discourage the insured from accessing any of7-3
the services listed in subsection 1;7-4
(d) Penalize a provider of health care who provides any of the services7-5
listed in subsection 1 to an insured, including, without limitation,7-6
reducing the reimbursement of the provider of health care; or7-7
(e) Offer or pay any type of material inducement, bonus or other7-8
financial incentive to a provider of health care to deny, reduce, withhold,7-9
limit or delay any of the services listed in subsection 1 to an insured.7-10
3. Except as otherwise provided in subsection 5, a contract subject to7-11
the provisions of this chapter that is delivered, issued for delivery or7-12
renewed on or after October 1, 1999, has the legal effect of including the7-13
coverage required by subsection 1, and any provision of the contract or7-14
the renewal which is in conflict with this section is void.7-15
4. The provisions of this section do not:7-16
(a) Require an insurer to provide coverage for fertility drugs.7-17
(b) Prohibit an insurer from requiring an insured to pay a deductible,7-18
copayment or coinsurance for the coverage required by paragraphs (a)7-19
and (b) of subsection 1 that is the same as the insured is required to pay7-20
for other prescription drugs covered by the contract.7-21
5. An insurer which offers or issues a contract for hospital or7-22
medical service and which is affiliated with a religious organization is7-23
not required to provide the coverage required by paragraph (a) of7-24
subsection 1 if the insurer objects on religious grounds. Such an insurer7-25
shall, before the issuance of a contract for hospital or medical service7-26
and before the renewal of such a contract, provide to the group7-27
policyholder or prospective insured, as applicable, written notice of the7-28
coverage that the insurer refuses to provide pursuant to this subsection.7-29
The insurer shall provide notice to each insured, at the time the insured7-30
receives his certificate of coverage or evidence of coverage, that the7-31
insurer refused to provide coverage pursuant to this subsection.7-32
6. If an insurer refuses, pursuant to subsection 5, to provide the7-33
coverage required by paragraph (a) of subsection 1, an employer may7-34
otherwise provide for the coverage for his employees.7-35
7. As used in this section, "provider of health care" has the meaning7-36
ascribed to it in NRS 629.031.7-37
Sec. 10. 1. Except as otherwise provided in subsection 5, an7-38
insurer that offers or issues a contract for hospital or medical service7-39
which provides coverage for outpatient care shall include in the contract7-40
coverage for any health care service related to contraceptives or hormone7-41
replacement therapy.7-42
2. An insurer that offers or issues a contract for hospital or medical7-43
service that provides coverage for outpatient care shall not:8-1
(a) Require an insured to pay a higher deductible, copayment or8-2
coinsurance or require a longer waiting period or other condition for8-3
coverage for outpatient care related to contraceptives or hormone8-4
replacement therapy than is required for other outpatient care covered by8-5
the contract;8-6
(b) Refuse to issue a contract for hospital or medical service or cancel8-7
a contract for hospital or medical service solely because the person8-8
applying for or covered by the contract uses or may use in the future any8-9
of the services listed in subsection 1;8-10
(c) Offer or pay any type of material inducement or financial8-11
incentive to an insured to discourage the insured from accessing any of8-12
the services listed in subsection 1;8-13
(d) Penalize a provider of health care who provides any of the services8-14
listed in subsection 1 to an insured, including, without limitation,8-15
reducing the reimbursement of the provider of health care; or8-16
(e) Offer or pay any type of material inducement, bonus or other8-17
financial incentive to a provider of health care to deny, reduce, withhold,8-18
limit or delay any of the services listed in subsection 1 to an insured.8-19
3. Except as otherwise provided in subsection 5, a contract subject to8-20
the provisions of this chapter that is delivered, issued for delivery or8-21
renewed on or after October 1, 1999, has the legal effect of including the8-22
coverage required by subsection 1, and any provision of the contract or8-23
the renewal which is in conflict with this section is void.8-24
4. The provisions of this section do not prohibit an insurer from8-25
requiring an insured to pay a deductible, copayment or coinsurance for8-26
the coverage required by subsection 1 that is the same as the insured is8-27
required to pay for other outpatient care covered by the contract.8-28
5. An insurer which offers or issues a contract for hospital or8-29
medical service and which is affiliated with a religious organization is8-30
not required to provide the coverage for health care service related to8-31
contraceptives required by this section if the insurer objects on religious8-32
grounds. Such an insurer shall, before the issuance of a contract for8-33
hospital or medical service and before the renewal of such a contract,8-34
provide to the group policyholder or prospective insured, as applicable,8-35
written notice of the coverage that the insurer refuses to provide pursuant8-36
to this subsection. The insurer shall provide notice to each insured, at the8-37
time the insured receives his certificate of coverage or evidence of8-38
coverage, that the insurer refused to provide coverage pursuant to this8-39
subsection.8-40
6. If an insurer refuses, pursuant to subsection 5, to provide the8-41
coverage required by paragraph (a) of subsection 1, an employer may8-42
otherwise provide for the coverage for his employees.9-1
7. As used in this section, "provider of health care" has the meaning9-2
ascribed to it in NRS 629.031.9-3
Sec. 11. Chapter 695C of NRS is hereby amended by adding thereto9-4
the provisions set forth as sections 12 and 13 of this act.9-5
Sec. 12. 1. Except as otherwise provided in subsection 5, a health9-6
maintenance organization which offers or issues a health care plan that9-7
provides coverage for prescription drugs or devices shall include in the9-8
plan coverage for:9-9
(a) Any type of drug or device for contraception; and9-10
(b) Any type of hormone replacement therapy,9-11
which is lawfully prescribed or ordered and which has been approved by9-12
the Food and Drug Administration.9-13
2. A health maintenance organization that offers or issues a health9-14
care plan that provides coverage for prescription drugs shall not:9-15
(a) Require an enrollee to pay a higher deductible, copayment or9-16
coinsurance or require a longer waiting period or other condition for9-17
coverage for a prescription for a contraceptive or hormone replacement9-18
therapy than is required for other prescription drugs covered by the plan;9-19
(b) Refuse to issue a health care plan or cancel a health care plan9-20
solely because the person applying for or covered by the plan uses or may9-21
use in the future any of the services listed in subsection 1;9-22
(c) Offer or pay any type of material inducement or financial9-23
incentive to an enrollee to discourage the enrollee from accessing any of9-24
the services listed in subsection 1;9-25
(d) Penalize a provider of health care who provides any of the services9-26
listed in subsection 1 to an enrollee, including, without limitation,9-27
reducing the reimbursement of the provider of health care; or9-28
(e) Offer or pay any type of material inducement, bonus or other9-29
financial incentive to a provider of health care to deny, reduce, withhold,9-30
limit or delay any of the services listed in subsection 1 to an enrollee.9-31
3. Except as otherwise provided in subsection 5, evidence of coverage9-32
subject to the provisions of this chapter that is delivered, issued for9-33
delivery or renewed on or after October 1, 1999, has the legal effect of9-34
including the coverage required by subsection 1, and any provision of the9-35
evidence of coverage or the renewal which is in conflict with this section9-36
is void.9-37
4. The provisions of this section do not:9-38
(a) Require a health maintenance organization to provide coverage9-39
for fertility drugs.9-40
(b) Prohibit a health maintenance organization from requiring an9-41
enrollee to pay a deductible, copayment or coinsurance for the coverage9-42
required by paragraphs (a) and (b) of subsection 1 that is the same as the10-1
enrollee is required to pay for other prescription drugs covered by the10-2
plan.10-3
5. A health maintenance organization which offers or issues a health10-4
care plan and which is affiliated with a religious organization is not10-5
required to provide the coverage required by paragraph (a) of subsection10-6
1 if the health maintenance organization objects on religious grounds.10-7
The health maintenance organization shall, before the issuance of a10-8
health care plan and before renewal of enrollment in such a plan,10-9
provide to the group policyholder or prospective enrollee, as applicable,10-10
written notice of the coverage that the health maintenance organization10-11
refuses to provide pursuant to this subsection. The health maintenance10-12
organization shall provide notice to each enrollee, at the time the enrollee10-13
receives his evidence of coverage, that the health maintenance10-14
organization refused to provide coverage pursuant to this subsection.10-15
6. If a health maintenance organization refuses, pursuant to10-16
subsection 5, to provide the coverage required by paragraph (a) of10-17
subsection 1, an employer may otherwise provide for the coverage for his10-18
employees.10-19
7. As used in this section, "provider of health care" has the meaning10-20
ascribed to it in NRS 629.031.10-21
Sec. 13. 1. Except as otherwise provided in subsection 5, a health10-22
maintenance organization that offers or issues a health care plan which10-23
provides coverage for outpatient care shall include in the plan coverage10-24
for any health care service related to contraceptives or hormone10-25
replacement therapy.10-26
2. A health maintenance organization that offers or issues a health10-27
care plan that provides coverage for outpatient care shall not:10-28
(a) Require an enrollee to pay a higher deductible, copayment or10-29
coinsurance or require a longer waiting period or other condition for10-30
coverage for outpatient care related to contraceptives or hormone10-31
replacement therapy than is required for other outpatient care covered by10-32
the plan;10-33
(b) Refuse to issue a health care plan or cancel a health care plan10-34
solely because the person applying for or covered by the plan uses or may10-35
use in the future any of the services listed in subsection 1;10-36
(c) Offer or pay any type of material inducement or financial10-37
incentive to an enrollee to discourage the enrollee from accessing any of10-38
the services listed in subsection 1;10-39
(d) Penalize a provider of health care who provides any of the services10-40
listed in subsection 1 to an enrollee, including, without limitation,10-41
reducing the reimbursement of the provider of health care; or11-1
(e) Offer or pay any type of material inducement, bonus or other11-2
financial incentive to a provider of health care to deny, reduce, withhold,11-3
limit or delay any of the services listed in subsection 1 to an enrollee.11-4
3. Except as otherwise provided in subsection 5, evidence of coverage11-5
subject to the provisions of this chapter that is delivered, issued for11-6
delivery or renewed on or after October 1, 1999, has the legal effect of11-7
including the coverage required by subsection 1, and any provision of the11-8
evidence of coverage or the renewal which is in conflict with this section11-9
is void.11-10
4. The provisions of this section do not prohibit a health11-11
maintenance organization from requiring an enrollee to pay a11-12
deductible, copayment or coinsurance for the coverage required by11-13
subsection 1 that is the same as the enrollee is required to pay for other11-14
outpatient care covered by the plan.11-15
5. A health maintenance organization which offers or issues a health11-16
care plan and which is affiliated with a religious organization is not11-17
required to provide the coverage for health care service related to11-18
contraceptives required by this section if the health maintenance11-19
organization objects on religious grounds. The health maintenance11-20
organization shall, before the issuance of a health care plan and before11-21
renewal of enrollment in such a plan, provide to the group policyholder11-22
or prospective enrollee, as applicable, written notice of the coverage that11-23
the health maintenance organization refuses to provide pursuant to this11-24
subsection. The health maintenance organization shall provide notice to11-25
each enrollee, at the time the enrollee receives his evidence of coverage,11-26
that the health maintenance organization refused to provide coverage11-27
pursuant to this subsection.11-28
6. If a health maintenance organization refuses, pursuant to11-29
subsection 5, to provide the coverage required by paragraph (a) of11-30
subsection 1, an employer may otherwise provide for the coverage for his11-31
employees.11-32
7. As used in this section, "provider of health care" has the meaning11-33
ascribed to it in NRS 629.031.11-34
Sec. 14. NRS 695C.050 is hereby amended to read as follows: 695C.050 1. Except as otherwise provided in this chapter or in11-36
specific provisions of this Title, the provisions of this Title are not11-37
applicable to any health maintenance organization granted a certificate of11-38
authority under this chapter. This provision does not apply to an insurer11-39
licensed and regulated pursuant to this Title except with respect to its11-40
activities as a health maintenance organization authorized and regulated11-41
pursuant to this chapter.11-42
2. Solicitation of enrollees by a health maintenance organization11-43
granted a certificate of authority, or its representatives, must not be12-1
construed to violate any provision of law relating to solicitation or12-2
advertising by practitioners of a healing art.12-3
3. Any health maintenance organization authorized under this chapter12-4
shall not be deemed to be practicing medicine and is exempt from the12-5
provisions of chapter 630 of NRS.12-6
4. The provisions of NRS 695C.110, 695C.170 to 695C.200, inclusive,12-7
695C.250 and 695C.265 do not apply to a health maintenance organization12-8
that provides health care services through managed care to recipients of12-9
Medicaid12-10
12-11
subsection does not exempt a health maintenance organization from any12-12
provision of this chapter for services provided pursuant to any other12-13
contract.12-14
5. The provisions of sections 12 and 13 of this act apply to a health12-15
maintenance organization that provides health care services through12-16
managed care to recipients of Medicaid under the state plan for12-17
Medicaid.12-18
Sec. 15. NRS 695C.330 is hereby amended to read as follows: 695C.330 1. The commissioner may suspend or revoke any12-20
certificate of authority issued to a health maintenance organization pursuant12-21
to the provisions of this chapter if he finds that any of the following12-22
conditions exist:12-23
(a) The health maintenance organization is operating significantly in12-24
contravention of its basic organizational document, its health care plan or in12-25
a manner contrary to that described in and reasonably inferred from any12-26
other information submitted pursuant to NRS 695C.060, 695C.070 and12-27
695C.140, unless any amendments to those submissions have been filed12-28
with and approved by the commissioner;12-29
(b) The health maintenance organization issues evidence of coverage or12-30
uses a schedule of charges for health care services which do not comply12-31
with the requirements of NRS 695C.170 to 695C.200, inclusive, or12-32
695C.20712-33
(c) The health care plan does not furnish comprehensive health care12-34
services as provided for in NRS 695C.060;12-35
(d) The state board of health certifies to the commissioner that:12-36
(1) The health maintenance organization does not meet the12-37
requirements of subsection 2 of NRS 695C.080; or12-38
(2) The health maintenance organization is unable to fulfill its12-39
obligations to furnish health care services as required under its health care12-40
plan;12-41
(e) The health maintenance organization is no longer financially12-42
responsible and may reasonably be expected to be unable to meet its12-43
obligations to enrollees or prospective enrollees;13-1
(f) The health maintenance organization has failed to put into effect a13-2
mechanism affording the enrollees an opportunity to participate in matters13-3
relating to the content of programs pursuant to NRS 695C.110;13-4
(g) The health maintenance organization has failed to put into effect the13-5
system for complaints required by NRS 695C.260 in a manner reasonably13-6
to dispose of valid complaints;13-7
(h) The health maintenance organization or any person on its behalf has13-8
advertised or merchandised its services in an untrue, misrepresentative,13-9
misleading, deceptive or unfair manner;13-10
(i) The continued operation of the health maintenance organization13-11
would be hazardous to its enrollees; or13-12
(j) The health maintenance organization has otherwise failed to comply13-13
substantially with the provisions of this chapter.13-14
2. A certificate of authority must be suspended or revoked only after13-15
compliance with the requirements of NRS 695C.340.13-16
3. If the certificate of authority of a health maintenance organization is13-17
suspended, the health maintenance organization shall not, during the period13-18
of that suspension, enroll any additional groups or new individual contracts,13-19
unless those groups or persons were contracted for before the date of13-20
suspension.13-21
4. If the certificate of authority of a health maintenance organization is13-22
revoked, the organization shall proceed, immediately following the13-23
effective date of the order of revocation, to wind up its affairs and shall13-24
conduct no further business except as may be essential to the orderly13-25
conclusion of the affairs of the organization. It shall engage in no further13-26
advertising or solicitation of any kind. The commissioner may by written13-27
order permit such further operation of the organization as he may find to be13-28
in the best interest of enrollees to the end that enrollees are afforded the13-29
greatest practical opportunity to obtain continuing coverage for health care.13-30
Sec. 16. NRS 287.010 is hereby amended to read as follows: 287.010 1. The governing body of any county, school district,13-32
municipal corporation, political subdivision, public corporation or other13-33
public agency of the State of Nevada may:13-34
(a) Adopt and carry into effect a system of group life, accident or health13-35
insurance, or any combination thereof, for the benefit of its officers and13-36
employees, and the dependents of officers and employees who elect to13-37
accept the insurance and who, where necessary, have authorized the13-38
governing body to make deductions from their compensation for the13-39
payment of premiums on the insurance.13-40
(b) Purchase group policies of life, accident or health insurance, or any13-41
combination thereof, for the benefit of such officers and employees, and the13-42
dependents of such officers and employees, as have authorized the13-43
purchase, from insurance companies authorized to transact the business of14-1
such insurance in the State of Nevada, and, where necessary, deduct from14-2
the compensation of officers and employees the premiums upon insurance14-3
and pay the deductions upon the premiums.14-4
(c) Provide group life, accident or health coverage through a self-14-5
insurance reserve fund and, where necessary, deduct contributions to the14-6
maintenance of the fund from the compensation of officers and employees14-7
and pay the deductions into the fund. The money accumulated for this14-8
purpose through deductions from the compensation of officers and14-9
employees and contributions of the governing body must be maintained as14-10
an internal service fund as defined by NRS 354.543. The money must be14-11
deposited in a state or national bank authorized to transact business in the14-12
State of Nevada. Any independent administrator of a fund created under14-13
this section is subject to the licensing requirements of chapter 683A of14-14
NRS, and must be a resident of this state. Any contract with an independent14-15
administrator must be approved by the commissioner of insurance as to the14-16
reasonableness of administrative charges in relation to contributions14-17
collected and benefits provided. The provisions of NRS 689B.030 to14-18
689B.050, inclusive, and sections 6 and 7 of this act apply to coverage14-19
provided pursuant to this paragraph.14-20
(d) Defray part or all of the cost of maintenance of a self-insurance fund14-21
or of the premiums upon insurance. The money for contributions must be14-22
budgeted for in accordance with the laws governing the county, school14-23
district, municipal corporation, political subdivision, public corporation or14-24
other public agency of the State of Nevada.14-25
2. If a school district offers group insurance to its officers and14-26
employees pursuant to this section, members of the board of trustees of the14-27
school district must not be excluded from participating in the group14-28
insurance. If the amount of the deductions from compensation required to14-29
pay for the group insurance exceeds the compensation to which a trustee is14-30
entitled, the difference must be paid by the trustee.~