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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

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:

1-1 Section 1. Chapter 689A of NRS is hereby amended by adding thereto

1-2 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 insurer

1-4 that offers or issues a policy of health insurance which provides coverage

1-5 for prescription drugs or devices shall include in the policy coverage for:

1-6 (a) Any type of drug or device for contraception; and

1-7 (b) Any type of hormone replacement therapy,

1-8 which is lawfully prescribed or ordered and which has been approved by

1-9 the Food and Drug Administration.

1-10 2. An insurer that offers or issues a policy of health insurance that

1-11 provides coverage for prescription drugs shall not:

1-12 (a) Require an insured to pay a higher deductible, copayment or

1-13 coinsurance or require a longer waiting period or other condition for

1-14 coverage for a prescription for a contraceptive or hormone replacement

2-1 therapy than is required for other prescription drugs covered by the

2-2 policy;

2-3 (b) Refuse to issue a policy of health insurance or cancel a policy of

2-4 health insurance solely because the person applying for or covered by the

2-5 policy uses or may use in the future any of the services listed in

2-6 subsection 1;

2-7 (c) Offer or pay any type of material inducement or financial

2-8 incentive to an insured to discourage the insured from accessing any of

2-9 the services listed in subsection 1;

2-10 (d) Penalize a provider of health care who provides any of the services

2-11 listed in subsection 1 to an insured, including, without limitation,

2-12 reducing the reimbursement of the provider of health care; or

2-13 (e) Offer or pay any type of material inducement, bonus or other

2-14 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 to

2-17 the provisions of this chapter that is delivered, issued for delivery or

2-18 renewed on or after October 1, 1999, has the legal effect of including the

2-19 coverage required by subsection 1, and any provision of the policy or the

2-20 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 pay

2-26 for other prescription drugs covered by the policy.

2-27 5. An insurer which offers or issues a policy of health insurance and

2-28 which is affiliated with a religious organization is not required to provide

2-29 the coverage required by paragraph (a) of subsection 1 if the insurer

2-30 objects on religious grounds. Such an insurer shall, before the issuance

2-31 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 the

2-33 insurer refuses to provide pursuant to this subsection.

2-34 6. As used in this section, "provider of health care" has the meaning

2-35 ascribed to it in NRS 629.031.

2-36 Sec. 3. 1. Except as otherwise provided in subsection 5, an insurer

2-37 that offers or issues a policy of health insurance which provides coverage

2-38 for outpatient care shall include in the policy coverage for any health

2-39 care service related to contraceptives or hormone replacement therapy.

2-40 2. An insurer that offers or issues a policy of health insurance that

2-41 provides coverage for outpatient care shall not:

2-42 (a) Require an insured to pay a higher deductible, copayment or

2-43 coinsurance or require a longer waiting period or other condition for

3-1 coverage for outpatient care related to contraceptives or hormone

3-2 replacement therapy than is required for other outpatient care covered by

3-3 the policy;

3-4 (b) Refuse to issue a policy of health insurance or cancel a policy of

3-5 health insurance solely because the person applying for or covered by the

3-6 policy uses or may use in the future any of the services listed in

3-7 subsection 1;

3-8 (c) Offer or pay any type of material inducement or financial

3-9 incentive to an insured to discourage the insured from accessing any of

3-10 the services listed in subsection 1;

3-11 (d) Penalize a provider of health care who provides any of the services

3-12 listed in subsection 1 to an insured, including, without limitation,

3-13 reducing the reimbursement of the provider of health care; or

3-14 (e) Offer or pay any type of material inducement, bonus or other

3-15 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 to

3-18 the provisions of this chapter that is delivered, issued for delivery or

3-19 renewed on or after October 1, 1999, has the legal effect of including the

3-20 coverage required by subsection 1, and any provision of the policy or the

3-21 renewal which is in conflict with this section is void.

3-22 4. The provisions of this section do not prohibit an insurer from

3-23 requiring an insured to pay a deductible, copayment or coinsurance for

3-24 the coverage required by subsection 1 that is the same as the insured is

3-25 required to pay for other outpatient care covered by the policy.

3-26 5. An insurer which offers or issues such a policy of health

3-27 insurance and which is affiliated with a religious organization is not

3-28 required to provide the coverage for health care service related to

3-29 contraceptives required by this section if the insurer objects on religious

3-30 grounds. Such an insurer shall, before the issuance of a policy of health

3-31 insurance and before the renewal of such a policy, provide to the

3-32 prospective insured written notice of the coverage that the insurer refuses

3-33 to provide pursuant to this subsection.

3-34 6. As used in this section, "provider of health care" has the meaning

3-35 ascribed to it in NRS 629.031.

3-36 Sec. 4. NRS 689A.330 is hereby amended to read as follows:

3-37 689A.330 If any policy is issued by a domestic insurer for delivery to a

3-38 person residing in another state, and if the insurance commissioner or

3-39 corresponding public officer of that other state has informed the

3-40 commissioner that the policy is not subject to approval or disapproval by

3-41 that officer, the commissioner may by ruling require that the policy meet

3-42 the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and

3-43 sections 2 and 3 of this act.

4-1 Sec. 5. Chapter 689B of NRS is hereby amended by adding thereto the

4-2 provisions set forth as sections 6 and 7 of this act.

4-3 Sec. 6. 1. Except as otherwise provided in subsection 5, an insurer

4-4 that offers or issues a policy of group health insurance which provides

4-5 coverage for prescription drugs or devices shall include in the policy

4-6 coverage for:

4-7 (a) Any type of drug or device for contraception; and

4-8 (b) Any type of hormone replacement therapy,

4-9 which is lawfully prescribed or ordered and which has been approved by

4-10 the Food and Drug Administration.

4-11 2. An insurer that offers or issues a policy of group health insurance

4-12 that provides coverage for prescription drugs shall not:

4-13 (a) Require an insured to pay a higher deductible, copayment or

4-14 coinsurance or require a longer waiting period or other condition for

4-15 coverage for a prescription for a contraceptive or hormone replacement

4-16 therapy than is required for other prescription drugs covered by the

4-17 policy;

4-18 (b) Refuse to issue a policy of group health insurance or cancel a

4-19 policy of group health insurance solely because the person applying for

4-20 or covered by the policy uses or may use in the future any of the services

4-21 listed in subsection 1;

4-22 (c) Offer or pay any type of material inducement or financial

4-23 incentive to an insured to discourage the insured from accessing any of

4-24 the services listed in subsection 1;

4-25 (d) Penalize a provider of health care who provides any of the services

4-26 listed in subsection 1 to an insured, including, without limitation,

4-27 reducing the reimbursement of the provider of health care; or

4-28 (e) Offer or pay any type of material inducement, bonus or other

4-29 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 to

4-32 the provisions of this chapter that is delivered, issued for delivery or

4-33 renewed on or after October 1, 1999, has the legal effect of including the

4-34 coverage required by subsection 1, and any provision of the policy or the

4-35 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 pay

4-41 for other prescription drugs covered by the policy.

4-42 5. An insurer which offers or issues a policy of group health

4-43 insurance and which is affiliated with a religious organization is not

5-1 required to provide the coverage required by paragraph (a) of subsection

5-2 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 the

5-4 renewal of such a policy, provide to the group policyholder or prospective

5-5 insured, as applicable, written notice of the coverage that the insurer

5-6 refuses to provide pursuant to this subsection. The insurer shall provide

5-7 notice to each insured, at the time the insured receives his certificate of

5-8 coverage or evidence of coverage, that the insurer refused to provide

5-9 coverage pursuant to this subsection.

5-10 6. If an insurer refuses, pursuant to subsection 5, to provide the

5-11 coverage required by paragraph (a) of subsection 1, an employer may

5-12 otherwise provide for the coverage for his employees.

5-13 7. As used in this section, "provider of health care" has the meaning

5-14 ascribed to it in NRS 629.031.

5-15 Sec. 7. 1. Except as otherwise provided in subsection 5, an insurer

5-16 that offers or issues a policy of group health insurance which provides

5-17 coverage for outpatient care shall include in the policy coverage for any

5-18 health care service related to contraceptives or hormone replacement

5-19 therapy.

5-20 2. An insurer that offers or issues a policy of group health insurance

5-21 that provides coverage for outpatient care shall not:

5-22 (a) Require an insured to pay a higher deductible, copayment or

5-23 coinsurance or require a longer waiting period or other condition for

5-24 coverage for outpatient care related to contraceptives or hormone

5-25 replacement therapy than is required for other outpatient care covered by

5-26 the policy;

5-27 (b) Refuse to issue a policy of group health insurance or cancel a

5-28 policy of group health insurance solely because the person applying for

5-29 or covered by the policy uses or may use in the future any of the services

5-30 listed in subsection 1;

5-31 (c) Offer or pay any type of material inducement or financial

5-32 incentive to an insured to discourage the insured from accessing any of

5-33 the services listed in subsection 1;

5-34 (d) Penalize a provider of health care who provides any of the services

5-35 listed in subsection 1 to an insured, including, without limitation,

5-36 reducing the reimbursement of the provider of health care; or

5-37 (e) Offer or pay any type of material inducement, bonus or other

5-38 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 to

5-41 the provisions of this chapter that is delivered, issued for delivery or

5-42 renewed on or after October 1, 1999, has the legal effect of including the

6-1 coverage required by subsection 1, and any provision of the policy or the

6-2 renewal which is in conflict with this section is void.

6-3 4. The provisions of this section do not prohibit an insurer from

6-4 requiring an insured to pay a deductible, copayment or coinsurance for

6-5 the coverage required by subsection 1 that is the same as the insured is

6-6 required to pay for other outpatient care covered by the policy.

6-7 5. An insurer which offers or issues a policy of group health

6-8 insurance and which is affiliated with a religious organization is not

6-9 required to provide the coverage for health care service related to

6-10 contraceptives required by this section if the insurer objects on religious

6-11 grounds. Such an insurer shall, before the issuance of a policy of group

6-12 health insurance and before the renewal of such a policy, provide to the

6-13 group policyholder or prospective insured, as applicable, written notice of

6-14 the coverage that the insurer refuses to provide pursuant to this

6-15 subsection. The insurer shall provide notice to each insured, at the time

6-16 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 the

6-19 coverage required by paragraph (a) of subsection 1, an employer may

6-20 otherwise provide for the coverage for his employees.

6-21 7. As used in this section, "provider of health care" has the meaning

6-22 ascribed to it in NRS 629.031.

6-23 Sec. 8. Chapter 695B of NRS is hereby amended by adding thereto the

6-24 provisions set forth as sections 9 and 10 of this act.

6-25 Sec. 9. 1. Except as otherwise provided in subsection 5, an insurer

6-26 that offers or issues a contract for hospital or medical service which

6-27 provides coverage for prescription drugs or devices shall include in the

6-28 contract coverage for:

6-29 (a) Any type of drug or device for contraception; and

6-30 (b) Any type of hormone replacement therapy,

6-31 which is lawfully prescribed or ordered and which has been approved by

6-32 the Food and Drug Administration.

6-33 2. An insurer that offers or issues a contract for hospital or medical

6-34 service that provides coverage for prescription drugs shall not:

6-35 (a) Require an insured to pay a higher deductible, copayment or

6-36 coinsurance or require a longer waiting period or other condition for

6-37 coverage for a prescription for a contraceptive or hormone replacement

6-38 therapy than is required for other prescription drugs covered by the

6-39 contract;

6-40 (b) Refuse to issue a contract for hospital or medical service or cancel

6-41 a contract for hospital or medical service solely because the person

6-42 applying for or covered by the contract uses or may use in the future any

6-43 of the services listed in subsection 1;

7-1 (c) Offer or pay any type of material inducement or financial

7-2 incentive to an insured to discourage the insured from accessing any of

7-3 the services listed in subsection 1;

7-4 (d) Penalize a provider of health care who provides any of the services

7-5 listed in subsection 1 to an insured, including, without limitation,

7-6 reducing the reimbursement of the provider of health care; or

7-7 (e) Offer or pay any type of material inducement, bonus or other

7-8 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 to

7-11 the provisions of this chapter that is delivered, issued for delivery or

7-12 renewed on or after October 1, 1999, has the legal effect of including the

7-13 coverage required by subsection 1, and any provision of the contract or

7-14 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 pay

7-20 for other prescription drugs covered by the contract.

7-21 5. An insurer which offers or issues a contract for hospital or

7-22 medical service and which is affiliated with a religious organization is

7-23 not required to provide the coverage required by paragraph (a) of

7-24 subsection 1 if the insurer objects on religious grounds. Such an insurer

7-25 shall, before the issuance of a contract for hospital or medical service

7-26 and before the renewal of such a contract, provide to the group

7-27 policyholder or prospective insured, as applicable, written notice of the

7-28 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 insured

7-30 receives his certificate of coverage or evidence of coverage, that the

7-31 insurer refused to provide coverage pursuant to this subsection.

7-32 6. If an insurer refuses, pursuant to subsection 5, to provide the

7-33 coverage required by paragraph (a) of subsection 1, an employer may

7-34 otherwise provide for the coverage for his employees.

7-35 7. As used in this section, "provider of health care" has the meaning

7-36 ascribed to it in NRS 629.031.

7-37 Sec. 10. 1. Except as otherwise provided in subsection 5, an

7-38 insurer that offers or issues a contract for hospital or medical service

7-39 which provides coverage for outpatient care shall include in the contract

7-40 coverage for any health care service related to contraceptives or hormone

7-41 replacement therapy.

7-42 2. An insurer that offers or issues a contract for hospital or medical

7-43 service that provides coverage for outpatient care shall not:

8-1 (a) Require an insured to pay a higher deductible, copayment or

8-2 coinsurance or require a longer waiting period or other condition for

8-3 coverage for outpatient care related to contraceptives or hormone

8-4 replacement therapy than is required for other outpatient care covered by

8-5 the contract;

8-6 (b) Refuse to issue a contract for hospital or medical service or cancel

8-7 a contract for hospital or medical service solely because the person

8-8 applying for or covered by the contract uses or may use in the future any

8-9 of the services listed in subsection 1;

8-10 (c) Offer or pay any type of material inducement or financial

8-11 incentive to an insured to discourage the insured from accessing any of

8-12 the services listed in subsection 1;

8-13 (d) Penalize a provider of health care who provides any of the services

8-14 listed in subsection 1 to an insured, including, without limitation,

8-15 reducing the reimbursement of the provider of health care; or

8-16 (e) Offer or pay any type of material inducement, bonus or other

8-17 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 to

8-20 the provisions of this chapter that is delivered, issued for delivery or

8-21 renewed on or after October 1, 1999, has the legal effect of including the

8-22 coverage required by subsection 1, and any provision of the contract or

8-23 the renewal which is in conflict with this section is void.

8-24 4. The provisions of this section do not prohibit an insurer from

8-25 requiring an insured to pay a deductible, copayment or coinsurance for

8-26 the coverage required by subsection 1 that is the same as the insured is

8-27 required to pay for other outpatient care covered by the contract.

8-28 5. An insurer which offers or issues a contract for hospital or

8-29 medical service and which is affiliated with a religious organization is

8-30 not required to provide the coverage for health care service related to

8-31 contraceptives required by this section if the insurer objects on religious

8-32 grounds. Such an insurer shall, before the issuance of a contract for

8-33 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 pursuant

8-36 to this subsection. The insurer shall provide notice to each insured, at the

8-37 time the insured receives his certificate of coverage or evidence of

8-38 coverage, that the insurer refused to provide coverage pursuant to this

8-39 subsection.

8-40 6. If an insurer refuses, pursuant to subsection 5, to provide the

8-41 coverage required by paragraph (a) of subsection 1, an employer may

8-42 otherwise provide for the coverage for his employees.

9-1 7. As used in this section, "provider of health care" has the meaning

9-2 ascribed to it in NRS 629.031.

9-3 Sec. 11. Chapter 695C of NRS is hereby amended by adding thereto

9-4 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 health

9-6 maintenance organization which offers or issues a health care plan that

9-7 provides coverage for prescription drugs or devices shall include in the

9-8 plan coverage for:

9-9 (a) Any type of drug or device for contraception; and

9-10 (b) Any type of hormone replacement therapy,

9-11 which is lawfully prescribed or ordered and which has been approved by

9-12 the Food and Drug Administration.

9-13 2. A health maintenance organization that offers or issues a health

9-14 care plan that provides coverage for prescription drugs shall not:

9-15 (a) Require an enrollee to pay a higher deductible, copayment or

9-16 coinsurance or require a longer waiting period or other condition for

9-17 coverage for a prescription for a contraceptive or hormone replacement

9-18 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 plan

9-20 solely because the person applying for or covered by the plan uses or may

9-21 use in the future any of the services listed in subsection 1;

9-22 (c) Offer or pay any type of material inducement or financial

9-23 incentive to an enrollee to discourage the enrollee from accessing any of

9-24 the services listed in subsection 1;

9-25 (d) Penalize a provider of health care who provides any of the services

9-26 listed in subsection 1 to an enrollee, including, without limitation,

9-27 reducing the reimbursement of the provider of health care; or

9-28 (e) Offer or pay any type of material inducement, bonus or other

9-29 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 coverage

9-32 subject to the provisions of this chapter that is delivered, issued for

9-33 delivery or renewed on or after October 1, 1999, has the legal effect of

9-34 including the coverage required by subsection 1, and any provision of the

9-35 evidence of coverage or the renewal which is in conflict with this section

9-36 is void.

9-37 4. The provisions of this section do not:

9-38 (a) Require a health maintenance organization to provide coverage

9-39 for fertility drugs.

9-40 (b) Prohibit a health maintenance organization from requiring an

9-41 enrollee to pay a deductible, copayment or coinsurance for the coverage

9-42 required by paragraphs (a) and (b) of subsection 1 that is the same as the

10-1 enrollee is required to pay for other prescription drugs covered by the

10-2 plan.

10-3 5. A health maintenance organization which offers or issues a health

10-4 care plan and which is affiliated with a religious organization is not

10-5 required to provide the coverage required by paragraph (a) of subsection

10-6 1 if the health maintenance organization objects on religious grounds.

10-7 The health maintenance organization shall, before the issuance of a

10-8 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 organization

10-11 refuses to provide pursuant to this subsection. The health maintenance

10-12 organization shall provide notice to each enrollee, at the time the enrollee

10-13 receives his evidence of coverage, that the health maintenance

10-14 organization refused to provide coverage pursuant to this subsection.

10-15 6. If a health maintenance organization refuses, pursuant to

10-16 subsection 5, to provide the coverage required by paragraph (a) of

10-17 subsection 1, an employer may otherwise provide for the coverage for his

10-18 employees.

10-19 7. As used in this section, "provider of health care" has the meaning

10-20 ascribed to it in NRS 629.031.

10-21 Sec. 13. 1. Except as otherwise provided in subsection 5, a health

10-22 maintenance organization that offers or issues a health care plan which

10-23 provides coverage for outpatient care shall include in the plan coverage

10-24 for any health care service related to contraceptives or hormone

10-25 replacement therapy.

10-26 2. A health maintenance organization that offers or issues a health

10-27 care plan that provides coverage for outpatient care shall not:

10-28 (a) Require an enrollee to pay a higher deductible, copayment or

10-29 coinsurance or require a longer waiting period or other condition for

10-30 coverage for outpatient care related to contraceptives or hormone

10-31 replacement therapy than is required for other outpatient care covered by

10-32 the plan;

10-33 (b) Refuse to issue a health care plan or cancel a health care plan

10-34 solely because the person applying for or covered by the plan uses or may

10-35 use in the future any of the services listed in subsection 1;

10-36 (c) Offer or pay any type of material inducement or financial

10-37 incentive to an enrollee to discourage the enrollee from accessing any of

10-38 the services listed in subsection 1;

10-39 (d) Penalize a provider of health care who provides any of the services

10-40 listed in subsection 1 to an enrollee, including, without limitation,

10-41 reducing the reimbursement of the provider of health care; or

11-1 (e) Offer or pay any type of material inducement, bonus or other

11-2 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 coverage

11-5 subject to the provisions of this chapter that is delivered, issued for

11-6 delivery or renewed on or after October 1, 1999, has the legal effect of

11-7 including the coverage required by subsection 1, and any provision of the

11-8 evidence of coverage or the renewal which is in conflict with this section

11-9 is void.

11-10 4. The provisions of this section do not prohibit a health

11-11 maintenance organization from requiring an enrollee to pay a

11-12 deductible, copayment or coinsurance for the coverage required by

11-13 subsection 1 that is the same as the enrollee is required to pay for other

11-14 outpatient care covered by the plan.

11-15 5. A health maintenance organization which offers or issues a health

11-16 care plan and which is affiliated with a religious organization is not

11-17 required to provide the coverage for health care service related to

11-18 contraceptives required by this section if the health maintenance

11-19 organization objects on religious grounds. The health maintenance

11-20 organization shall, before the issuance of a health care plan and before

11-21 renewal of enrollment in such a plan, provide to the group policyholder

11-22 or prospective enrollee, as applicable, written notice of the coverage that

11-23 the health maintenance organization refuses to provide pursuant to this

11-24 subsection. The health maintenance organization shall provide notice to

11-25 each enrollee, at the time the enrollee receives his evidence of coverage,

11-26 that the health maintenance organization refused to provide coverage

11-27 pursuant to this subsection.

11-28 6. If a health maintenance organization refuses, pursuant to

11-29 subsection 5, to provide the coverage required by paragraph (a) of

11-30 subsection 1, an employer may otherwise provide for the coverage for his

11-31 employees.

11-32 7. As used in this section, "provider of health care" has the meaning

11-33 ascribed to it in NRS 629.031.

11-34 Sec. 14. NRS 695C.050 is hereby amended to read as follows:

11-35 695C.050 1. Except as otherwise provided in this chapter or in

11-36 specific provisions of this Title, the provisions of this Title are not

11-37 applicable to any health maintenance organization granted a certificate of

11-38 authority under this chapter. This provision does not apply to an insurer

11-39 licensed and regulated pursuant to this Title except with respect to its

11-40 activities as a health maintenance organization authorized and regulated

11-41 pursuant to this chapter.

11-42 2. Solicitation of enrollees by a health maintenance organization

11-43 granted a certificate of authority, or its representatives, must not be

12-1 construed to violate any provision of law relating to solicitation or

12-2 advertising by practitioners of a healing art.

12-3 3. Any health maintenance organization authorized under this chapter

12-4 shall not be deemed to be practicing medicine and is exempt from the

12-5 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 organization

12-8 that provides health care services through managed care to recipients of

12-9 Medicaid [pursuant to a contract with the welfare division of the

12-10 department of human resources.] under the state plan for Medicaid. This

12-11 subsection does not exempt a health maintenance organization from any

12-12 provision of this chapter for services provided pursuant to any other

12-13 contract.

12-14 5. The provisions of sections 12 and 13 of this act apply to a health

12-15 maintenance organization that provides health care services through

12-16 managed care to recipients of Medicaid under the state plan for

12-17 Medicaid.

12-18 Sec. 15. NRS 695C.330 is hereby amended to read as follows:

12-19 695C.330 1. The commissioner may suspend or revoke any

12-20 certificate of authority issued to a health maintenance organization pursuant

12-21 to the provisions of this chapter if he finds that any of the following

12-22 conditions exist:

12-23 (a) The health maintenance organization is operating significantly in

12-24 contravention of its basic organizational document, its health care plan or in

12-25 a manner contrary to that described in and reasonably inferred from any

12-26 other information submitted pursuant to NRS 695C.060, 695C.070 and

12-27 695C.140, unless any amendments to those submissions have been filed

12-28 with and approved by the commissioner;

12-29 (b) The health maintenance organization issues evidence of coverage or

12-30 uses a schedule of charges for health care services which do not comply

12-31 with the requirements of NRS 695C.170 to 695C.200, inclusive, or

12-32 695C.207 [;] or section 12 or 13 of this act;

12-33 (c) The health care plan does not furnish comprehensive health care

12-34 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 the

12-37 requirements of subsection 2 of NRS 695C.080; or

12-38 (2) The health maintenance organization is unable to fulfill its

12-39 obligations to furnish health care services as required under its health care

12-40 plan;

12-41 (e) The health maintenance organization is no longer financially

12-42 responsible and may reasonably be expected to be unable to meet its

12-43 obligations to enrollees or prospective enrollees;

13-1 (f) The health maintenance organization has failed to put into effect a

13-2 mechanism affording the enrollees an opportunity to participate in matters

13-3 relating to the content of programs pursuant to NRS 695C.110;

13-4 (g) The health maintenance organization has failed to put into effect the

13-5 system for complaints required by NRS 695C.260 in a manner reasonably

13-6 to dispose of valid complaints;

13-7 (h) The health maintenance organization or any person on its behalf has

13-8 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 organization

13-11 would be hazardous to its enrollees; or

13-12 (j) The health maintenance organization has otherwise failed to comply

13-13 substantially with the provisions of this chapter.

13-14 2. A certificate of authority must be suspended or revoked only after

13-15 compliance with the requirements of NRS 695C.340.

13-16 3. If the certificate of authority of a health maintenance organization is

13-17 suspended, the health maintenance organization shall not, during the period

13-18 of that suspension, enroll any additional groups or new individual contracts,

13-19 unless those groups or persons were contracted for before the date of

13-20 suspension.

13-21 4. If the certificate of authority of a health maintenance organization is

13-22 revoked, the organization shall proceed, immediately following the

13-23 effective date of the order of revocation, to wind up its affairs and shall

13-24 conduct no further business except as may be essential to the orderly

13-25 conclusion of the affairs of the organization. It shall engage in no further

13-26 advertising or solicitation of any kind. The commissioner may by written

13-27 order permit such further operation of the organization as he may find to be

13-28 in the best interest of enrollees to the end that enrollees are afforded the

13-29 greatest practical opportunity to obtain continuing coverage for health care.

13-30 Sec. 16. NRS 287.010 is hereby amended to read as follows:

13-31 287.010 1. The governing body of any county, school district,

13-32 municipal corporation, political subdivision, public corporation or other

13-33 public agency of the State of Nevada may:

13-34 (a) Adopt and carry into effect a system of group life, accident or health

13-35 insurance, or any combination thereof, for the benefit of its officers and

13-36 employees, and the dependents of officers and employees who elect to

13-37 accept the insurance and who, where necessary, have authorized the

13-38 governing body to make deductions from their compensation for the

13-39 payment of premiums on the insurance.

13-40 (b) Purchase group policies of life, accident or health insurance, or any

13-41 combination thereof, for the benefit of such officers and employees, and the

13-42 dependents of such officers and employees, as have authorized the

13-43 purchase, from insurance companies authorized to transact the business of

14-1 such insurance in the State of Nevada, and, where necessary, deduct from

14-2 the compensation of officers and employees the premiums upon insurance

14-3 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 the

14-6 maintenance of the fund from the compensation of officers and employees

14-7 and pay the deductions into the fund. The money accumulated for this

14-8 purpose through deductions from the compensation of officers and

14-9 employees and contributions of the governing body must be maintained as

14-10 an internal service fund as defined by NRS 354.543. The money must be

14-11 deposited in a state or national bank authorized to transact business in the

14-12 State of Nevada. Any independent administrator of a fund created under

14-13 this section is subject to the licensing requirements of chapter 683A of

14-14 NRS, and must be a resident of this state. Any contract with an independent

14-15 administrator must be approved by the commissioner of insurance as to the

14-16 reasonableness of administrative charges in relation to contributions

14-17 collected and benefits provided. The provisions of NRS 689B.030 to

14-18 689B.050, inclusive, and sections 6 and 7 of this act apply to coverage

14-19 provided pursuant to this paragraph.

14-20 (d) Defray part or all of the cost of maintenance of a self-insurance fund

14-21 or of the premiums upon insurance. The money for contributions must be

14-22 budgeted for in accordance with the laws governing the county, school

14-23 district, municipal corporation, political subdivision, public corporation or

14-24 other public agency of the State of Nevada.

14-25 2. If a school district offers group insurance to its officers and

14-26 employees pursuant to this section, members of the board of trustees of the

14-27 school district must not be excluded from participating in the group

14-28 insurance. If the amount of the deductions from compensation required to

14-29 pay for the group insurance exceeds the compensation to which a trustee is

14-30 entitled, the difference must be paid by the trustee.

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