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 [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 insurance; limiting the amount that a health insurer may charge providers of health care to be included on a list of providers that is given to insureds of the insurer; making various changes concerning payment of claims by health insurers; 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 a new section to read as follows:

1-3 An insurer may charge a provider of health care a fee to include the

1-4 name of the provider on a list of providers of health care given by the

1-5 insurer to its insureds. The amount of the fee must be reasonable and

1-6 must not exceed an amount that is directly related to the administrative

1-7 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:

1-9 689A.410 1. Except as otherwise provided in subsection 2, an insurer

1-10 shall approve or deny a claim relating to a policy of health insurance within

1-11 30 days after the insurer receives the claim. If the claim is approved, the

1-12 insurer shall pay the claim within 30 days after it is approved. If the

1-13 approved claim is not paid within that period, the insurer shall pay interest

1-14 on the claim at the rate of interest established pursuant to NRS 99.040 [.]

1-15 unless a different rate of interest is established pursuant to an express

1-16 written contract between the insurer and the claimant. The interest must

1-17 be calculated from 30 days after the date [the payment is due] on which

1-18 the claim is approved until the claim is paid.

2-1 2. If the insurer requires additional information to determine whether to

2-2 approve or deny the claim, it shall notify the claimant of its request for the

2-3 additional information within 20 days after it receives the claim. The

2-4 insurer shall notify the provider of health care of all the [reason] specific

2-5 reasons for the delay in approving or denying the claim. The insurer shall

2-6 approve or deny the claim within 30 days after receiving the additional

2-7 information. If the claim is approved, the insurer shall pay the claim within

2-8 30 days after it receives the additional information. If the approved claim is

2-9 not paid within that period, the insurer shall pay interest on the claim in the

2-10 manner prescribed in subsection 1.

2-11 3. An insurer shall not request a claimant to resubmit information

2-12 that the claimant has already provided to the insurer, unless the insurer

2-13 provides a legitimate reason for the request and the purpose of the

2-14 request is not to delay the payment of the claim, harass the claimant or

2-15 discourage the filing of claims.

2-16 4. An insurer shall pay a claim that has been approved in one

2-17 payment.

2-18 5. A court shall award costs and reasonable attorney’s fees to the

2-19 prevailing party in an action brought pursuant to this section.

2-20 Sec. 3. Chapter 689B of NRS is hereby amended by adding thereto a

2-21 new section to read as follows:

2-22 An insurer that issues a policy of group health insurance may charge a

2-23 provider of health care a fee to include the name of the provider on a list

2-24 of providers of health care given by the insurer to its insureds. The

2-25 amount of the fee must be reasonable and must not exceed an amount

2-26 that is directly related to the administrative costs of the insurer to include

2-27 the provider on the list.

2-28 Sec. 4. NRS 689B.255 is hereby amended to read as follows:

2-29 689B.255 1. Except as otherwise provided in subsection 2, an insurer

2-30 shall approve or deny a claim relating to a policy of group health insurance

2-31 or blanket insurance within 30 days after the insurer receives the claim. If

2-32 the claim is approved, the insurer shall pay the claim within 30 days after it

2-33 is approved. If the approved claim is not paid within that period, the insurer

2-34 shall pay interest on the claim at the rate of interest established pursuant to

2-35 NRS 99.040 [.] unless a different rate of interest is established pursuant

2-36 to an express written contract between the insurer and the claimant. The

2-37 interest must be calculated from 30 days after the date [the payment is due]

2-38 on which the claim is approved until the claim is paid.

2-39 2. If the insurer requires additional information to determine whether to

2-40 approve or deny the claim, it shall notify the claimant of its request for the

2-41 additional information within 20 days after it receives the claim. The

2-42 insurer shall notify the provider of health care of all the [reason] specific

2-43 reasons for the delay in approving or denying the claim. The insurer shall

3-1 approve or deny the claim within 30 days after receiving the additional

3-2 information. If the claim is approved, the insurer shall pay the claim within

3-3 30 days after it receives the additional information. If the approved claim is

3-4 not paid within that period, the insurer shall pay interest on the claim in the

3-5 manner prescribed in subsection 1.

3-6 3. An insurer shall not request a claimant to resubmit information

3-7 that the claimant has already provided to the insurer, unless the insurer

3-8 provides a legitimate reason for the request and the purpose of the

3-9 request in not to delay the payment of the claim, harass the claimant or

3-10 discourage the filing of claims.

3-11 4. An insurer shall pay a claim that has been approved in one

3-12 payment.

3-13 5. A court shall award costs and reasonable attorney’s fees to the

3-14 prevailing party in an action brought pursuant to this section.

3-15 Sec. 5. Chapter 689C of NRS is hereby amended by adding thereto the

3-16 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 a

3-18 contract to a voluntary purchasing group may charge a provider of

3-19 health care a fee to include the name of the provider on a list of providers

3-20 of health care given by the carrier to its insureds. The amount of the fee

3-21 must be reasonable and must not exceed an amount that is directly

3-22 related to the administrative costs of the carrier to include the provider

3-23 on the list.

3-24 Sec. 7. 1. Except as otherwise provided in subsection 2, a carrier

3-25 serving small employers and a carrier that offers a contract to a

3-26 voluntary purchasing group shall approve or deny a claim relating to a

3-27 policy of health insurance within 30 days after the carrier receives the

3-28 claim. If the claim is approved, the carrier shall pay the claim within 30

3-29 days after it is approved. If the approved claim is not paid within that

3-30 period, the carrier shall pay interest on the claim at the rate of interest

3-31 established pursuant to NRS 99.040 unless a different rate of interest is

3-32 established pursuant to an express written contract between the carrier

3-33 and the claimant. The interest must be calculated from 30 days after the

3-34 date on which the claim is approved until the claim is paid.

3-35 2. If the carrier requires additional information to determine

3-36 whether to approve or deny the claim, it shall notify the claimant of its

3-37 request for the additional information within 20 days after it receives the

3-38 claim. The carrier shall notify the provider of health care of all the

3-39 specific reasons for the delay in approving or denying the claim. The

3-40 carrier shall approve or deny the claim within 30 days after receiving the

3-41 additional information. If the claim is approved, the carrier shall pay the

3-42 claim within 30 days after it receives the additional information. If the

4-1 approved claim is not paid within that period, the carrier shall pay

4-2 interest on the claim in the manner prescribed in subsection 1.

4-3 3. A carrier shall not request a claimant to resubmit information that

4-4 the claimant has already provided to the carrier, unless the carrier

4-5 provides a legitimate reason for the request and the purpose of the

4-6 request is not to delay the payment of the claim, harass the claimant or

4-7 discourage the filing of claims.

4-8 4. A carrier shall pay a claim that has been approved in one

4-9 payment.

4-10 5. A court shall award costs and reasonable attorney’s fees to the

4-11 prevailing party in an action brought pursuant to this section.

4-12 Sec. 8. Chapter 695A of NRS is hereby amended by adding thereto a

4-13 new section to read as follows:

4-14 A society may charge a provider of health care a fee to include the

4-15 name of the provider on a list of providers of health care given by the

4-16 society to its insureds. The amount of the fee must be reasonable and

4-17 must not exceed an amount that is directly related to the administrative

4-18 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:

4-20 695A.188 1. Except as otherwise provided in subsection 2, a society

4-21 shall approve or deny a claim relating to a certificate of health insurance

4-22 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 the

4-24 approved claim is not paid within that period, the society shall pay interest

4-25 on the claim at the rate of interest established pursuant to NRS 99.040 [.]

4-26 unless a different rate of interest is established pursuant to an express

4-27 written contract between the society and the claimant. The interest must

4-28 be calculated from 30 days after the date [the payment is due] on which

4-29 the claim is approved until the claim is paid.

4-30 2. If the society requires additional information to determine whether

4-31 to approve or deny the claim, it shall notify the claimant of its request for

4-32 the additional information within 20 days after it receives the claim. The

4-33 society shall notify the provider of health care of all the [reason] specific

4-34 reasons for the delay in approving or denying the claim. The society shall

4-35 approve or deny the claim within 30 days after receiving the additional

4-36 information. If the claim is approved, the society shall pay the claim within

4-37 30 days after it receives the additional information. If the approved claim is

4-38 not paid within that period, the society shall pay interest on the claim in the

4-39 manner prescribed in subsection 1.

4-40 3. A society shall not request a claimant to resubmit information that

4-41 the claimant has already provided to the society, unless the society

4-42 provides a legitimate reason for the request and the purpose of the

5-1 request is not to delay the payment of the claim, harass the claimant or

5-2 discourage the filing of claims.

5-3 4. A society shall pay a claim that has been approved in one

5-4 payment.

5-5 5. A court shall award costs and reasonable attorney’s fees to the

5-6 prevailing party in an action brought pursuant to this section.

5-7 Sec. 10. Chapter 695B of NRS is hereby amended by adding thereto a

5-8 new section to read as follows:

5-9 A corporation subject to the provisions of this chapter may charge a

5-10 provider of health care a fee to include the name of the provider on a list

5-11 of providers of health care given by the corporation to its insureds. The

5-12 amount of the fee must be reasonable and must not exceed an amount

5-13 that is directly related to the administrative costs of the corporation to

5-14 include the provider on the list.

5-15 Sec. 11. NRS 695B.2505 is hereby amended to read as follows:

5-16 695B.2505 1. Except as otherwise provided in subsection 2, a

5-17 corporation subject to the provisions of this chapter shall approve or deny a

5-18 claim relating to a contract for dental, hospital or medical services within

5-19 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. If

5-21 the approved claim is not paid within that period, the corporation shall pay

5-22 interest on the claim at the rate of interest established pursuant to NRS

5-23 99.040 [.] unless a different rate of interest is established pursuant to an

5-24 express written contract between the corporation and the claimant. The

5-25 interest must be calculated from 30 days after the date [the payment is due]

5-26 on which the claim is approved until the claim is paid.

5-27 2. If the corporation requires additional information to determine

5-28 whether to approve or deny the claim, it shall notify the claimant of its

5-29 request for the additional information within 20 days after it receives the

5-30 claim. The corporation shall notify the provider of dental, hospital or

5-31 medical services of all the [reason] specific reasons for the delay in

5-32 approving or denying the claim. The corporation shall approve or deny the

5-33 claim within 30 days after receiving the additional information. If the claim

5-34 is approved, the corporation shall pay the claim within 30 days after it

5-35 receives the additional information. If the approved claim is not paid within

5-36 that period, the corporation shall pay interest on the claim in the manner

5-37 prescribed in subsection 1.

5-38 3. A corporation shall not request a claimant to resubmit

5-39 information that the claimant has already provided to the corporation,

5-40 unless the corporation provides a legitimate reason for the request and

5-41 the purpose of the request is not to delay the payment of the claim, harass

5-42 the claimant or discourage the filing of claims.

6-1 4. A corporation shall pay a claim that has been approved in one

6-2 payment.

6-3 5. A court shall award costs and reasonable attorney’s fees to the

6-4 prevailing party in an action brought pursuant to this section.

6-5 Sec. 12. Chapter 695C of NRS is hereby amended by adding thereto a

6-6 new section to read as follows:

6-7 A health maintenance organization may charge a provider of health

6-8 care a fee to include the name of the provider on a list of providers of

6-9 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 an

6-11 amount that is directly related to the administrative costs of the health

6-12 maintenance organization to include the provider on the list.

6-13 Sec. 13. NRS 695C.185 is hereby amended to read as follows:

6-14 695C.185 1. Except as otherwise provided in subsection 2, a health

6-15 maintenance organization shall approve or deny a claim relating to a health

6-16 care plan within 30 days after the health maintenance organization receives

6-17 the claim. If the claim is approved, the health maintenance organization

6-18 shall pay the claim within 30 days after it is approved. If the approved

6-19 claim is not paid within that period, the health maintenance organization

6-20 shall pay interest on the claim at the rate of interest established pursuant to

6-21 NRS 99.040 [.] unless a different rate of interest is established pursuant

6-22 to an express written contract between the health maintenance

6-23 organization and the claimant fixing a different rate of interest. The

6-24 interest must be calculated from 30 days after the date [the payment is due]

6-25 on which the claim is approved until the claim is paid.

6-26 2. If the health maintenance organization requires additional

6-27 information to determine whether to approve or deny the claim, it shall

6-28 notify the claimant of its request for the additional information within 20

6-29 days after it receives the claim. The health maintenance organization shall

6-30 notify the provider of health care services of all the [reason] specific

6-31 reasons for the delay in approving or denying the claim. The health

6-32 maintenance organization shall approve or deny the claim within 30 days

6-33 after receiving the additional information. If the claim is approved, the

6-34 health maintenance organization shall pay the claim within 30 days after it

6-35 receives the additional information. If the approved claim is not paid within

6-36 that period, the health maintenance organization shall pay interest on the

6-37 claim in the manner prescribed in subsection 1.

6-38 3. A health maintenance organization shall not request a claimant to

6-39 resubmit information that the claimant has already provided to the

6-40 health maintenance organization, unless the health maintenance

6-41 organization provides a legitimate reason for the request and the purpose

6-42 of the request is not to delay the payment of the claim, harass the

6-43 claimant or discourage the filing of claims.

7-1 4. A health maintenance organization shall pay a claim that has

7-2 been approved in one payment.

7-3 5. A court shall award costs and reasonable attorney’s fees to the

7-4 prevailing party in an action brought pursuant to this section.

7-5 Sec. 14. NRS 695F.090 is hereby amended to read as follows:

7-6 695F.090 Prepaid limited health service organizations are subject to

7-7 the provisions of this chapter and to the following provisions, to the extent

7-8 reasonably applicable:

7-9 1. NRS 687B.310 to 687B.420, inclusive, concerning cancellation and

7-10 nonrenewal of policies.

7-11 2. NRS 687B.122 to 687B.128, inclusive, concerning readability of

7-12 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 practices

7-16 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 to

7-20 689B.600, inclusive, and chapter 689C of NRS relating to the portability

7-21 and availability of health insurance.

7-22 9. NRS 689A.410, 689A.413 [.] and section 1 of this act.

7-23 10. NRS 680B.025 to 680B.039, inclusive, concerning premium tax,

7-24 premium tax rate, annual report and estimated quarterly tax payments. For

7-25 the purposes of this subsection, unless the context otherwise requires that a

7-26 section apply only to insurers, any reference in those sections to "insurer"

7-27 must be replaced by a reference to "prepaid limited health service

7-28 organization."

7-29 11. Chapter 692C of NRS, concerning holding companies.

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