Senate Bill No. 145–Senators O'Connell and Townsend
February 8, 1999
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Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes concerning health insurers. (BDR 57-834)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 689A of NRS is hereby amended by adding thereto1-2
a new section to read as follows:1-3
An insurer may charge a provider of health care a fee to include the1-4
name of the provider on a list of providers of health care given by the1-5
insurer to its insureds. The amount of the fee must be reasonable and1-6
must not exceed an amount that is directly related to the administrative1-7
costs of the insurer to include the provider on the list.1-8
Sec. 2. NRS 689A.410 is hereby amended to read as follows: 689A.410 1. Except as otherwise provided in subsection 2, an insurer1-10
shall approve or deny a claim relating to a policy of health insurance within1-11
30 days after the insurer receives the claim. If the claim is approved, the1-12
insurer shall pay the claim within 30 days after it is approved. If the1-13
approved claim is not paid within that period, the insurer shall pay interest1-14
on the claim at the rate of interest established pursuant to NRS 99.0401-15
unless a different rate of interest is established pursuant to an express1-16
written contract between the insurer and the claimant. The interest must1-17
be calculated from 30 days after the date1-18
the claim is approved until the claim is paid.2-1
2. If the insurer requires additional information to determine whether to2-2
approve or deny the claim, it shall notify the claimant of its request for the2-3
additional information within 20 days after it receives the claim. The2-4
insurer shall notify the provider of health care of all the2-5
reasons for the delay in approving or denying the claim. The insurer shall2-6
approve or deny the claim within 30 days after receiving the additional2-7
information. If the claim is approved, the insurer shall pay the claim within2-8
30 days after it receives the additional information. If the approved claim is2-9
not paid within that period, the insurer shall pay interest on the claim in the2-10
manner prescribed in subsection 1.2-11
3. An insurer shall not request a claimant to resubmit information2-12
that the claimant has already provided to the insurer, unless the insurer2-13
provides a legitimate reason for the request and the purpose of the2-14
request is not to delay the payment of the claim, harass the claimant or2-15
discourage the filing of claims.2-16
4. An insurer shall pay a claim that has been approved in one2-17
payment.2-18
5. A court shall award costs and reasonable attorney’s fees to the2-19
prevailing party in an action brought pursuant to this section.2-20
Sec. 3. Chapter 689B of NRS is hereby amended by adding thereto a2-21
new section to read as follows:2-22
An insurer that issues a policy of group health insurance may charge a2-23
provider of health care a fee to include the name of the provider on a list2-24
of providers of health care given by the insurer to its insureds. The2-25
amount of the fee must be reasonable and must not exceed an amount2-26
that is directly related to the administrative costs of the insurer to include2-27
the provider on the list.2-28
Sec. 4. NRS 689B.255 is hereby amended to read as follows: 689B.255 1. Except as otherwise provided in subsection 2, an insurer2-30
shall approve or deny a claim relating to a policy of group health insurance2-31
or blanket insurance within 30 days after the insurer receives the claim. If2-32
the claim is approved, the insurer shall pay the claim within 30 days after it2-33
is approved. If the approved claim is not paid within that period, the insurer2-34
shall pay interest on the claim at the rate of interest established pursuant to2-35
NRS 99.0402-36
to an express written contract between the insurer and the claimant. The2-37
interest must be calculated from 30 days after the date2-38
on which the claim is approved until the claim is paid.2-39
2. If the insurer requires additional information to determine whether to2-40
approve or deny the claim, it shall notify the claimant of its request for the2-41
additional information within 20 days after it receives the claim. The2-42
insurer shall notify the provider of health care of all the2-43
reasons for the delay in approving or denying the claim. The insurer shall3-1
approve or deny the claim within 30 days after receiving the additional3-2
information. If the claim is approved, the insurer shall pay the claim within3-3
30 days after it receives the additional information. If the approved claim is3-4
not paid within that period, the insurer shall pay interest on the claim in the3-5
manner prescribed in subsection 1.3-6
3. An insurer shall not request a claimant to resubmit information3-7
that the claimant has already provided to the insurer, unless the insurer3-8
provides a legitimate reason for the request and the purpose of the3-9
request in not to delay the payment of the claim, harass the claimant or3-10
discourage the filing of claims.3-11
4. An insurer shall pay a claim that has been approved in one3-12
payment.3-13
5. A court shall award costs and reasonable attorney’s fees to the3-14
prevailing party in an action brought pursuant to this section.3-15
Sec. 5. Chapter 689C of NRS is hereby amended by adding thereto the3-16
provisions set forth as sections 6 and 7 of this act.3-17
Sec. 6. A carrier serving small employers and a carrier that offers a3-18
contract to a voluntary purchasing group may charge a provider of3-19
health care a fee to include the name of the provider on a list of providers3-20
of health care given by the carrier to its insureds. The amount of the fee3-21
must be reasonable and must not exceed an amount that is directly3-22
related to the administrative costs of the carrier to include the provider3-23
on the list.3-24
Sec. 7. 1. Except as otherwise provided in subsection 2, a carrier3-25
serving small employers and a carrier that offers a contract to a3-26
voluntary purchasing group shall approve or deny a claim relating to a3-27
policy of health insurance within 30 days after the carrier receives the3-28
claim. If the claim is approved, the carrier shall pay the claim within 303-29
days after it is approved. If the approved claim is not paid within that3-30
period, the carrier shall pay interest on the claim at the rate of interest3-31
established pursuant to NRS 99.040 unless a different rate of interest is3-32
established pursuant to an express written contract between the carrier3-33
and the claimant. The interest must be calculated from 30 days after the3-34
date on which the claim is approved until the claim is paid.3-35
2. If the carrier requires additional information to determine3-36
whether to approve or deny the claim, it shall notify the claimant of its3-37
request for the additional information within 20 days after it receives the3-38
claim. The carrier shall notify the provider of health care of all the3-39
specific reasons for the delay in approving or denying the claim. The3-40
carrier shall approve or deny the claim within 30 days after receiving the3-41
additional information. If the claim is approved, the carrier shall pay the3-42
claim within 30 days after it receives the additional information. If the4-1
approved claim is not paid within that period, the carrier shall pay4-2
interest on the claim in the manner prescribed in subsection 1.4-3
3. A carrier shall not request a claimant to resubmit information that4-4
the claimant has already provided to the carrier, unless the carrier4-5
provides a legitimate reason for the request and the purpose of the4-6
request is not to delay the payment of the claim, harass the claimant or4-7
discourage the filing of claims.4-8
4. A carrier shall pay a claim that has been approved in one4-9
payment.4-10
5. A court shall award costs and reasonable attorney’s fees to the4-11
prevailing party in an action brought pursuant to this section.4-12
Sec. 8. Chapter 695A of NRS is hereby amended by adding thereto a4-13
new section to read as follows:4-14
A society may charge a provider of health care a fee to include the4-15
name of the provider on a list of providers of health care given by the4-16
society to its insureds. The amount of the fee must be reasonable and4-17
must not exceed an amount that is directly related to the administrative4-18
costs of the society to include the provider on the list.4-19
Sec. 9. NRS 695A.188 is hereby amended to read as follows: 695A.188 1. Except as otherwise provided in subsection 2, a society4-21
shall approve or deny a claim relating to a certificate of health insurance4-22
within 30 days after the society receives the claim. If the claim is approved,4-23
the society shall pay the claim within 30 days after it is approved. If the4-24
approved claim is not paid within that period, the society shall pay interest4-25
on the claim at the rate of interest established pursuant to NRS 99.0404-26
unless a different rate of interest is established pursuant to an express4-27
written contract between the society and the claimant. The interest must4-28
be calculated from 30 days after the date4-29
the claim is approved until the claim is paid.4-30
2. If the society requires additional information to determine whether4-31
to approve or deny the claim, it shall notify the claimant of its request for4-32
the additional information within 20 days after it receives the claim. The4-33
society shall notify the provider of health care of all the4-34
reasons for the delay in approving or denying the claim. The society shall4-35
approve or deny the claim within 30 days after receiving the additional4-36
information. If the claim is approved, the society shall pay the claim within4-37
30 days after it receives the additional information. If the approved claim is4-38
not paid within that period, the society shall pay interest on the claim in the4-39
manner prescribed in subsection 1.4-40
3. A society shall not request a claimant to resubmit information that4-41
the claimant has already provided to the society, unless the society4-42
provides a legitimate reason for the request and the purpose of the5-1
request is not to delay the payment of the claim, harass the claimant or5-2
discourage the filing of claims.5-3
4. A society shall pay a claim that has been approved in one5-4
payment.5-5
5. A court shall award costs and reasonable attorney’s fees to the5-6
prevailing party in an action brought pursuant to this section.5-7
Sec. 10. Chapter 695B of NRS is hereby amended by adding thereto a5-8
new section to read as follows:5-9
A corporation subject to the provisions of this chapter may charge a5-10
provider of health care a fee to include the name of the provider on a list5-11
of providers of health care given by the corporation to its insureds. The5-12
amount of the fee must be reasonable and must not exceed an amount5-13
that is directly related to the administrative costs of the corporation to5-14
include the provider on the list.5-15
Sec. 11. NRS 695B.2505 is hereby amended to read as follows: 695B.2505 1. Except as otherwise provided in subsection 2, a5-17
corporation subject to the provisions of this chapter shall approve or deny a5-18
claim relating to a contract for dental, hospital or medical services within5-19
30 days after the corporation receives the claim. If the claim is approved,5-20
the corporation shall pay the claim within 30 days after it is approved. If5-21
the approved claim is not paid within that period, the corporation shall pay5-22
interest on the claim at the rate of interest established pursuant to NRS5-23
99.0405-24
express written contract between the corporation and the claimant. The5-25
interest must be calculated from 30 days after the date5-26
on which the claim is approved until the claim is paid.5-27
2. If the corporation requires additional information to determine5-28
whether to approve or deny the claim, it shall notify the claimant of its5-29
request for the additional information within 20 days after it receives the5-30
claim. The corporation shall notify the provider of dental, hospital or5-31
medical services of all the5-32
approving or denying the claim. The corporation shall approve or deny the5-33
claim within 30 days after receiving the additional information. If the claim5-34
is approved, the corporation shall pay the claim within 30 days after it5-35
receives the additional information. If the approved claim is not paid within5-36
that period, the corporation shall pay interest on the claim in the manner5-37
prescribed in subsection 1.5-38
3. A corporation shall not request a claimant to resubmit5-39
information that the claimant has already provided to the corporation,5-40
unless the corporation provides a legitimate reason for the request and5-41
the purpose of the request is not to delay the payment of the claim, harass5-42
the claimant or discourage the filing of claims.6-1
4. A corporation shall pay a claim that has been approved in one6-2
payment.6-3
5. A court shall award costs and reasonable attorney’s fees to the6-4
prevailing party in an action brought pursuant to this section.6-5
Sec. 12. Chapter 695C of NRS is hereby amended by adding thereto a6-6
new section to read as follows:6-7
A health maintenance organization may charge a provider of health6-8
care a fee to include the name of the provider on a list of providers of6-9
health care given by the health maintenance organization to its enrollees.6-10
The amount of the fee must be reasonable and must not exceed an6-11
amount that is directly related to the administrative costs of the health6-12
maintenance organization to include the provider on the list.6-13
Sec. 13. NRS 695C.185 is hereby amended to read as follows: 695C.185 1. Except as otherwise provided in subsection 2, a health6-15
maintenance organization shall approve or deny a claim relating to a health6-16
care plan within 30 days after the health maintenance organization receives6-17
the claim. If the claim is approved, the health maintenance organization6-18
shall pay the claim within 30 days after it is approved. If the approved6-19
claim is not paid within that period, the health maintenance organization6-20
shall pay interest on the claim at the rate of interest established pursuant to6-21
NRS 99.0406-22
to an express written contract between the health maintenance6-23
organization and the claimant fixing a different rate of interest. The6-24
interest must be calculated from 30 days after the date6-25
on which the claim is approved until the claim is paid.6-26
2. If the health maintenance organization requires additional6-27
information to determine whether to approve or deny the claim, it shall6-28
notify the claimant of its request for the additional information within 206-29
days after it receives the claim. The health maintenance organization shall6-30
notify the provider of health care services of all the6-31
reasons for the delay in approving or denying the claim. The health6-32
maintenance organization shall approve or deny the claim within 30 days6-33
after receiving the additional information. If the claim is approved, the6-34
health maintenance organization shall pay the claim within 30 days after it6-35
receives the additional information. If the approved claim is not paid within6-36
that period, the health maintenance organization shall pay interest on the6-37
claim in the manner prescribed in subsection 1.6-38
3. A health maintenance organization shall not request a claimant to6-39
resubmit information that the claimant has already provided to the6-40
health maintenance organization, unless the health maintenance6-41
organization provides a legitimate reason for the request and the purpose6-42
of the request is not to delay the payment of the claim, harass the6-43
claimant or discourage the filing of claims.7-1
4. A health maintenance organization shall pay a claim that has7-2
been approved in one payment.7-3
5. A court shall award costs and reasonable attorney’s fees to the7-4
prevailing party in an action brought pursuant to this section.7-5
Sec. 14. NRS 695F.090 is hereby amended to read as follows: 695F.090 Prepaid limited health service organizations are subject to7-7
the provisions of this chapter and to the following provisions, to the extent7-8
reasonably applicable:7-9
1. NRS 687B.310 to 687B.420, inclusive, concerning cancellation and7-10
nonrenewal of policies.7-11
2. NRS 687B.122 to 687B.128, inclusive, concerning readability of7-12
policies.7-13
3. The requirements of NRS 679B.152.7-14
4. The fees imposed pursuant to NRS 449.465.7-15
5. NRS 686A.010 to 686A.310, inclusive, concerning trade practices7-16
and frauds.7-17
6. The assessment imposed pursuant to subsection 3 of NRS 679B.158.7-18
7. Chapter 683A of NRS.7-19
8. To the extent applicable, the provisions of NRS 689B.340 to7-20
689B.600, inclusive, and chapter 689C of NRS relating to the portability7-21
and availability of health insurance.7-22
9. NRS 689A.410, 689A.4137-23
10. NRS 680B.025 to 680B.039, inclusive, concerning premium tax,7-24
premium tax rate, annual report and estimated quarterly tax payments. For7-25
the purposes of this subsection, unless the context otherwise requires that a7-26
section apply only to insurers, any reference in those sections to "insurer"7-27
must be replaced by a reference to "prepaid limited health service7-28
organization."7-29
11. Chapter 692C of NRS, concerning holding companies.~