Senate Bill No. 145–Senators O’Connell and Townsend
February 8, 1999
____________
Referred to Committee on Commerce and Labor
SUMMARY—Makes various changes concerning health insurers and administrators. (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 683A of NRS is hereby amended by adding thereto1-2
a new section to read as follows:1-3
1. Except as otherwise provided in subsection 2, an administrator1-4
shall approve or deny a claim relating to health insurance coverage1-5
within 30 days after the administrator receives the claim. If the claim is1-6
approved, the administrator shall pay the claim within 30 days after it is1-7
approved. If the approved claim is not paid within that period, the1-8
administrator shall pay interest on the claim at the rate of interest1-9
established pursuant to NRS 99.040 unless a different rate of interest is1-10
established pursuant to an express written contract between the1-11
administrator and the provider of health care. The interest must be1-12
calculated from 30 days after the date on which the claim is approved1-13
until the claim is paid.1-14
2. If the administrator requires additional information to determine1-15
whether to approve or deny the claim, he shall notify the claimant of his1-16
request for the additional information within 20 days after he receives1-17
the claim. The administrator shall notify the provider of health care of all2-1
the specific reasons for the delay in approving or denying the claim. The2-2
administrator shall approve or deny the claim within 30 days after2-3
receiving the additional information. If the claim is approved, the2-4
administrator shall pay the claim within 30 days after he receives the2-5
additional information. If the approved claim is not paid within that2-6
period, the administrator shall pay interest on the claim in the manner2-7
prescribed in subsection 1.2-8
3. An administrator shall not request a claimant to resubmit2-9
information that the claimant has already provided to the administrator,2-10
unless the administrator provides a legitimate reason for the request and2-11
the purpose of the request is not to delay the payment of the claim, harass2-12
the claimant or discourage the filing of claims.2-13
4. An administrator shall not pay only part of a claim that has been2-14
approved and is fully payable.2-15
5. A court shall award costs and reasonable attorney’s fees to the2-16
prevailing party in an action brought pursuant to this section.2-17
Sec. 2. NRS 683A.086 is hereby amended to read as follows: 683A.086 1. No person may act as an administrator unless he has2-19
entered into a written agreement with an insurer, and the written agreement2-20
contains provisions to effectuate the requirements contained in NRS2-21
683A.0867 to 683A.0883, inclusive, and section 1 of this act which apply2-22
to the duties of the administrator.2-23
2. A copy of an agreement entered into under the provisions of this2-24
section must be retained in the records of the administrator and of the2-25
insurer for a period of 5 years after the termination of the agreement.2-26
3. When a policy is issued to a trustee or trustees, a copy of the trust2-27
agreement and amendments must be obtained by the administrator and a2-28
copy forwarded to the insurer. Each agreement must be retained by the2-29
administrator and by the insurer for a period of 5 years after the termination2-30
of the policy.2-31
4. The commissioner may adopt regulations which specify the2-32
functions an administrator may perform on behalf of an insurer.2-33
Sec. 3. Chapter 689A of NRS is hereby amended by adding thereto a2-34
new section to read as follows:2-35
An insurer may charge a provider of health care a fee to include the2-36
name of the provider on a list of providers of health care given by the2-37
insurer to its insureds. The amount of the fee must be reasonable and2-38
must not exceed an amount that is directly related to the administrative2-39
costs of the insurer to include the provider on the list.2-40
Sec. 4. NRS 689A.410 is hereby amended to read as follows: 689A.410 1. Except as otherwise provided in subsection 2, an insurer2-42
shall approve or deny a claim relating to a policy of health insurance within2-43
30 days after the insurer receives the claim. If the claim is approved, the3-1
insurer shall pay the claim within 30 days after it is approved. If the3-2
approved claim is not paid within that period, the insurer shall pay interest3-3
on the claim at the rate of interest established pursuant to NRS 99.0403-4
unless a different rate of interest is established pursuant to an express3-5
written contract between the insurer and the provider of health care. The3-6
interest must be calculated from 30 days after the date3-7
on which the claim is approved until the claim is paid.3-8
2. If the insurer requires additional information to determine whether to3-9
approve or deny the claim, it shall notify the claimant of its request for the3-10
additional information within 20 days after it receives the claim. The3-11
insurer shall notify the provider of health care of all the3-12
reasons for the delay in approving or denying the claim. The insurer shall3-13
approve or deny the claim within 30 days after receiving the additional3-14
information. If the claim is approved, the insurer shall pay the claim within3-15
30 days after it receives the additional information. If the approved claim is3-16
not paid within that period, the insurer shall pay interest on the claim in the3-17
manner prescribed in subsection 1.3-18
3. An insurer shall not request a claimant to resubmit information3-19
that the claimant has already provided to the insurer, unless the insurer3-20
provides a legitimate reason for the request and the purpose of the3-21
request is not to delay the payment of the claim, harass the claimant or3-22
discourage the filing of claims.3-23
4. An insurer shall not pay only part of a claim that has been3-24
approved and is fully payable.3-25
5. A court shall award costs and reasonable attorney’s fees to the3-26
prevailing party in an action brought pursuant to this section.3-27
Sec. 5. Chapter 689B of NRS is hereby amended by adding thereto a3-28
new section to read as follows:3-29
An insurer that issues a policy of group health insurance may charge a3-30
provider of health care a fee to include the name of the provider on a list3-31
of providers of health care given by the insurer to its insureds. The3-32
amount of the fee must be reasonable and must not exceed an amount3-33
that is directly related to the administrative costs of the insurer to include3-34
the provider on the list.3-35
Sec. 6. NRS 689B.255 is hereby amended to read as follows: 689B.255 1. Except as otherwise provided in subsection 2, an insurer3-37
shall approve or deny a claim relating to a policy of group health insurance3-38
or blanket insurance within 30 days after the insurer receives the claim. If3-39
the claim is approved, the insurer shall pay the claim within 30 days after it3-40
is approved. If the approved claim is not paid within that period, the insurer3-41
shall pay interest on the claim at the rate of interest established pursuant to3-42
NRS 99.0403-43
to an express written contract between the insurer and the provider of4-1
health care. The interest must be calculated from 30 days after the date4-2
4-3
paid.4-4
2. If the insurer requires additional information to determine whether to4-5
approve or deny the claim, it shall notify the claimant of its request for the4-6
additional information within 20 days after it receives the claim. The4-7
insurer shall notify the provider of health care of all the4-8
reasons for the delay in approving or denying the claim. The insurer shall4-9
approve or deny the claim within 30 days after receiving the additional4-10
information. If the claim is approved, the insurer shall pay the claim within4-11
30 days after it receives the additional information. If the approved claim is4-12
not paid within that period, the insurer shall pay interest on the claim in the4-13
manner prescribed in subsection 1.4-14
3. An insurer shall not request a claimant to resubmit information4-15
that the claimant has already provided to the insurer, unless the insurer4-16
provides a legitimate reason for the request and the purpose of the4-17
request in not to delay the payment of the claim, harass the claimant or4-18
discourage the filing of claims.4-19
4. An insurer shall not pay only part of a claim that has been4-20
approved and is fully payable.4-21
5. A court shall award costs and reasonable attorney’s fees to the4-22
prevailing party in an action brought pursuant to this section.4-23
Sec. 7. Chapter 689C of NRS is hereby amended by adding thereto the4-24
provisions set forth as sections 8 and 9 of this act.4-25
Sec. 8. A carrier serving small employers and a carrier that offers a4-26
contract to a voluntary purchasing group may charge a provider of4-27
health care a fee to include the name of the provider on a list of providers4-28
of health care given by the carrier to its insureds. The amount of the fee4-29
must be reasonable and must not exceed an amount that is directly4-30
related to the administrative costs of the carrier to include the provider4-31
on the list.4-32
Sec. 9. 1. Except as otherwise provided in subsection 2, a carrier4-33
serving small employers and a carrier that offers a contract to a4-34
voluntary purchasing group shall approve or deny a claim relating to a4-35
policy of health insurance within 30 days after the carrier receives the4-36
claim. If the claim is approved, the carrier shall pay the claim within 304-37
days after it is approved. If the approved claim is not paid within that4-38
period, the carrier shall pay interest on the claim at the rate of interest4-39
established pursuant to NRS 99.040 unless a different rate of interest is4-40
established pursuant to an express written contract between the carrier4-41
and the provider of health care. The interest must be calculated from 304-42
days after the date on which the claim is approved until the claim is paid.5-1
2. If the carrier requires additional information to determine5-2
whether to approve or deny the claim, it shall notify the claimant of its5-3
request for the additional information within 20 days after it receives the5-4
claim. The carrier shall notify the provider of health care of all the5-5
specific reasons for the delay in approving or denying the claim. The5-6
carrier shall approve or deny the claim within 30 days after receiving the5-7
additional information. If the claim is approved, the carrier shall pay the5-8
claim within 30 days after it receives the additional information. If the5-9
approved claim is not paid within that period, the carrier shall pay5-10
interest on the claim in the manner prescribed in subsection 1.5-11
3. A carrier shall not request a claimant to resubmit information that5-12
the claimant has already provided to the carrier, unless the carrier5-13
provides a legitimate reason for the request and the purpose of the5-14
request is not to delay the payment of the claim, harass the claimant or5-15
discourage the filing of claims.5-16
4. A carrier shall not pay only part of a claim that has been approved5-17
and is fully payable.5-18
5. A court shall award costs and reasonable attorney’s fees to the5-19
prevailing party in an action brought pursuant to this section.5-20
Sec. 10. Chapter 695A of NRS is hereby amended by adding thereto a5-21
new section to read as follows:5-22
A society may charge a provider of health care a fee to include the5-23
name of the provider on a list of providers of health care given by the5-24
society to its insureds. The amount of the fee must be reasonable and5-25
must not exceed an amount that is directly related to the administrative5-26
costs of the society to include the provider on the list.5-27
Sec. 11. NRS 695A.188 is hereby amended to read as follows: 695A.188 1. Except as otherwise provided in subsection 2, a society5-29
shall approve or deny a claim relating to a certificate of health insurance5-30
within 30 days after the society receives the claim. If the claim is approved,5-31
the society shall pay the claim within 30 days after it is approved. If the5-32
approved claim is not paid within that period, the society shall pay interest5-33
on the claim at the rate of interest established pursuant to NRS 99.0405-34
unless a different rate of interest is established pursuant to an express5-35
written contract between the society and the provider of health care. The5-36
interest must be calculated from 30 days after the date5-37
on which the claim is approved until the claim is paid.5-38
2. If the society requires additional information to determine whether5-39
to approve or deny the claim, it shall notify the claimant of its request for5-40
the additional information within 20 days after it receives the claim. The5-41
society shall notify the provider of health care of all the5-42
reasons for the delay in approving or denying the claim. The society shall5-43
approve or deny the claim within 30 days after receiving the additional6-1
information. If the claim is approved, the society shall pay the claim within6-2
30 days after it receives the additional information. If the approved claim is6-3
not paid within that period, the society shall pay interest on the claim in the6-4
manner prescribed in subsection 1.6-5
3. A society shall not request a claimant to resubmit information that6-6
the claimant has already provided to the society, unless the society6-7
provides a legitimate reason for the request and the purpose of the6-8
request is not to delay the payment of the claim, harass the claimant or6-9
discourage the filing of claims.6-10
4. A society shall not pay only part of a claim that has been approved6-11
and is fully payable.6-12
5. A court shall award costs and reasonable attorney’s fees to the6-13
prevailing party in an action brought pursuant to this section.6-14
Sec. 12. Chapter 695B of NRS is hereby amended by adding thereto a6-15
new section to read as follows:6-16
A corporation subject to the provisions of this chapter may charge a6-17
provider of health care a fee to include the name of the provider on a list6-18
of providers of health care given by the corporation to its insureds. The6-19
amount of the fee must be reasonable and must not exceed an amount6-20
that is directly related to the administrative costs of the corporation to6-21
include the provider on the list.6-22
Sec. 13. NRS 695B.2505 is hereby amended to read as follows: 695B.2505 1. Except as otherwise provided in subsection 2, a6-24
corporation subject to the provisions of this chapter shall approve or deny a6-25
claim relating to a contract for dental, hospital or medical services within6-26
30 days after the corporation receives the claim. If the claim is approved,6-27
the corporation shall pay the claim within 30 days after it is approved. If6-28
the approved claim is not paid within that period, the corporation shall pay6-29
interest on the claim at the rate of interest established pursuant to NRS6-30
99.0406-31
express written contract between the corporation and the provider of6-32
health care. The interest must be calculated from 30 days after the date6-33
6-34
paid.6-35
2. If the corporation requires additional information to determine6-36
whether to approve or deny the claim, it shall notify the claimant of its6-37
request for the additional information within 20 days after it receives the6-38
claim. The corporation shall notify the provider of dental, hospital or6-39
medical services of all the6-40
approving or denying the claim. The corporation shall approve or deny the6-41
claim within 30 days after receiving the additional information. If the claim6-42
is approved, the corporation shall pay the claim within 30 days after it6-43
receives the additional information. If the approved claim is not paid within7-1
that period, the corporation shall pay interest on the claim in the manner7-2
prescribed in subsection 1.7-3
3. A corporation shall not request a claimant to resubmit7-4
information that the claimant has already provided to the corporation,7-5
unless the corporation provides a legitimate reason for the request and7-6
the purpose of the request is not to delay the payment of the claim, harass7-7
the claimant or discourage the filing of claims.7-8
4. A corporation shall not pay only part of a claim that has been7-9
approved and is fully payable.7-10
5. A court shall award costs and reasonable attorney’s fees to the7-11
prevailing party in an action brought pursuant to this section.7-12
Sec. 14. Chapter 695C of NRS is hereby amended by adding thereto a7-13
new section to read as follows:7-14
A health maintenance organization may charge a provider of health7-15
care a fee to include the name of the provider on a list of providers of7-16
health care given by the health maintenance organization to its enrollees.7-17
The amount of the fee must be reasonable and must not exceed an7-18
amount that is directly related to the administrative costs of the health7-19
maintenance organization to include the provider on the list.7-20
Sec. 15. NRS 695C.185 is hereby amended to read as follows: 695C.185 1. Except as otherwise provided in subsection 2, a health7-22
maintenance organization shall approve or deny a claim relating to a health7-23
care plan within 30 days after the health maintenance organization receives7-24
the claim. If the claim is approved, the health maintenance organization7-25
shall pay the claim within 30 days after it is approved. If the approved7-26
claim is not paid within that period, the health maintenance organization7-27
shall pay interest on the claim at the rate of interest established pursuant to7-28
NRS 99.0407-29
to an express written contract between the health maintenance7-30
organization and the provider of health care. The interest must be7-31
calculated from 30 days after the date7-32
claim is approved until the claim is paid.7-33
2. If the health maintenance organization requires additional7-34
information to determine whether to approve or deny the claim, it shall7-35
notify the claimant of its request for the additional information within 207-36
days after it receives the claim. The health maintenance organization shall7-37
notify the provider of health care services of all the7-38
reasons for the delay in approving or denying the claim. The health7-39
maintenance organization shall approve or deny the claim within 30 days7-40
after receiving the additional information. If the claim is approved, the7-41
health maintenance organization shall pay the claim within 30 days after it7-42
receives the additional information. If the approved claim is not paid within8-1
that period, the health maintenance organization shall pay interest on the8-2
claim in the manner prescribed in subsection 1.8-3
3. A health maintenance organization shall not request a claimant to8-4
resubmit information that the claimant has already provided to the8-5
health maintenance organization, unless the health maintenance8-6
organization provides a legitimate reason for the request and the purpose8-7
of the request is not to delay the payment of the claim, harass the8-8
claimant or discourage the filing of claims.8-9
4. A health maintenance organization shall not pay only part of a8-10
claim that has been approved and is fully payable.8-11
5. A court shall award costs and reasonable attorney’s fees to the8-12
prevailing party in an action brought pursuant to this section.8-13
Sec. 16. NRS 695F.090 is hereby amended to read as follows: 695F.090 Prepaid limited health service organizations are subject to8-15
the provisions of this chapter and to the following provisions, to the extent8-16
reasonably applicable:8-17
1. NRS 687B.310 to 687B.420, inclusive, concerning cancellation and8-18
nonrenewal of policies.8-19
2. NRS 687B.122 to 687B.128, inclusive, concerning readability of8-20
policies.8-21
3. The requirements of NRS 679B.152.8-22
4. The fees imposed pursuant to NRS 449.465.8-23
5. NRS 686A.010 to 686A.310, inclusive, concerning trade practices8-24
and frauds.8-25
6. The assessment imposed pursuant to subsection 3 of NRS 679B.158.8-26
7. Chapter 683A of NRS.8-27
8. To the extent applicable, the provisions of NRS 689B.340 to8-28
689B.600, inclusive, and chapter 689C of NRS relating to the portability8-29
and availability of health insurance.8-30
9. NRS 689A.410, 689A.4138-31
10. NRS 680B.025 to 680B.039, inclusive, concerning premium tax,8-32
premium tax rate, annual report and estimated quarterly tax payments. For8-33
the purposes of this subsection, unless the context otherwise requires that a8-34
section apply only to insurers, any reference in those sections to "insurer"8-35
must be replaced by a reference to "prepaid limited health service8-36
organization."8-37
11. Chapter 692C of NRS, concerning holding companies.~